Date: Fri, 13 Feb 1998 14:34:39 -0800 (PST) From: Odeana R. Neal, Univ. of Balt. Sch. of Law >Notice of Conference and Call for Papers >Symposium on Interjurisdictional Marriage Recognition > >Teachers and students of Conflict of Laws, Family Law and Constitutional Law should be interested in a Symposium on Interjurisdictional Marriage Recognition that will be held this summer, June 18 to June 20, 1998, at Creighton University School of Law in Omaha, Nebraska. >One of the most important contemporary issues in conflicts, family law, and constitutional law concerns interjurisdictional recognition of same-sex marriage and other forms of marriage or marriage-like status or relations (such as *covenant marriage,* *domestic partnership,* etc.) that are controversial or prohibited in some jurisdictions. Because of pending litigation and legislation, courts in many (potentially all) states in the near future may have to face the issue concerning the extent to which same-sex marriage and other forms of marriage or marriage-like status conferred in other jurisdictions must or should be recognized in the forum state. >There is an immediate need for good scholarship addressing the conflicts, family law, and constitutional issues involved in interjurisdictional marriage recognition. The purpose of the Symposium on Interjurisdictional Marriage Recognition is to provide full and rigorous examination of the subject, and to provide greater balance and depth of consideration of the constitutional and legal policy issues in the legal literature. >The legalization of same-sex marriage is not longer just an unlikely classroom hypothetical. In Hawaii, for example, a trial court has already ruled in Baehr v. Miike that the state constitution requires the state to issue marriage licenses to same-sex couples, and the case is in its final appeal to the state supreme court. Similar cases recently have been heard or are still pending in New York, Alaska, and in Vermont. The Netherlands, which recently enacted legislation creating registered same-sex domestic partnership, may be the first jurisdiction to legislatively legalize full same-sex marriage; at the request of the ruling party of the legislature a proposal to legalize fully same-sex marriage is under consideration. >As soon as one jurisdiction legalizes same-sex marriage, the issue of recognition of those marriages in other states will be litigated throughout the country as same-sex couples fly to that place to get married and return their home states, or same-sex couples residing in that state who have gotten married there move to other states. It is not unlikely that the same-sex marriage recognition issue may even reach the U.S. Supreme Court because both constitutional (Full Faith and Credit) and federal legislation (the Defense of Marriage Act) are implicated. The Defense of Marriage Act, passed by Congress and signed by President Clinton in 1996, provides that states do not have to recognize same-sex marriage (SSM), even if legal in the state in which it was solemnized. And in the past three or four years, more than half of the states have enacted law rejecting same-sex marriage or recognition of same-sex marriage. DOMA and those state laws have been severely attacked in the law journals by some scholars and legal commentators who argue that constitutionally states must recognize sister-state marriages, and who urge that public policy requires same-sex marriage recognition. >The sponsors of the Symposium on Interjurisdictional Marriage Recognition are planning a high-quality professional and scholarly conference addressing the issue of interjurisdictional recognition of same-sex marriage to give scholars the specific opportunity and encouragement to address all sides of the issues. Among the topics that are expected to be addressed in the Symposiumare: > Status of marriage recognition statutes in USA today > Marriage Recognition Under State Common Law principles > Constitutional law: Supreme Court Full-Faith and Credit decisions and implications > Constitutionality of DOMA > Baker and its implications: judgments and public policy exception > Miscellaneous const*l claims* FF&C records, general laws, Romer, if Bowers overturned? > International and comparative marriage recognition - prevailing rules & trends > Domestic Partnership recognition issues > Covenant marriage recognition issues > Public Policy Exception >Plans are being made for presented papers to be published in the Creighton Law Review. >Law professors and other professionals or scholars interested in presenting papers at the Symposium should submit a written proposal including a one-page outline of the paper they propose to present at the conference. The proposals should be received by March 1; proposers will be notified by March 9 regarding their participation. Send all paper proposals to : >Professor Ralph Whitten or Professor Lynn D. Wardle >Creighton University School of Law 518 JRCB >California at 24th Street Brigham Young University >Omaha, NE 68178 Provo, UT 84602 >TEL (402) 280-3153, FAX -2244, TEL (801) 378-2617, FAX -5893 EMAIL- rwhitten@culaw.creighton.edu EMAIL-wardlel@lawgate.byu.edu > Accommodations for the symposium will be at the Doubletree Hotel, 1616 Dodge Street, Omaha, NE; call 1-800-222-8733 (tell them you are attending the Creighton Law School conference); single room $90; double $105. > Brief Outline of the Conference schedule: Thursday, June 18 Afternoon registration, Creighton University School of Law Evening reception, Creighton University School of Law Friday, June 19 Morning sessions, Creighton University School of Law Luncheon, Creighton University School of Law Afternoon sessions, Creighton University School of Law Saturday, June 20 Morning session, Creighton University School of Law >Registration: Fees ($100 if before May 15, 1998; $150 if after May 15, 1998) payable to Creighton University School of Law. Please send registration fees to Beth Griffith, Assistant to the Dean, Creighton University School of Law, California at 24th Street, Omaha, NE 68178 or call her at (402) 280-2586). Teachers, professionals, and students interested in attending the Symposium without participating are welcome to register and attend. >For further information contact Professor Ralph Whitten or Professor Lynn Wardle at the addresses above. >Lynn D. Wardle >Professor of Law, J. Reuben Clark Law School >Brigham Young University >Provo, UT 84602 >Fax- (801) 378-5893 or 3595, tel-2617 >Email- wardlel@lawgate.byu.edu >Attachment Converted: "C:\LIZ'SW~1\DOWNLO~1\Recogn.wpd" =========================================================================== = To post to the list, email QUEERLAW@abacus.oxy.edu = ===========================================================================