Texas Wesleyan Law Review

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This comment examines the current mechanism for analyzing the issue of whether same-sex marriages celebrated in another jurisdiction will be recognized in Texas and suggests several areas the Texas Legislature should review to give certainty and consistency to any such decision. Part I reviews the Hawaiian case of Baehr v. Lewin and other cases challenging opposite-sex marriage statutes, and outlines the public policy reasons historically offered to avoid recognizing same-sex unions. Part II examines the Texas choice-of-law doctrine as it relates to validity of marriages contracted in other states, and discusses Texas public policy regarding same-sex unions and whether Texas state law mandates recognition of a same-sex marriage validly contracted in another state if the couple is domiciled in Texas. Last, Part III briefly reviews the Full Faith and Credit Clause and the Due Process Clause of the federal Constitution, and discusses whether these principles should compel Texas to recognize same-sex marriages legally contracted in Hawaii or another jurisdiction.



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