Married on the Internet - Even if your state doesn’t allow it
Professors Mae Kuykendall and Adam Candeub of the Michigan State University College of Law collaborate on a legislative initiative called the E-Marriage Project. Their latest article, E-Marriage: Breaking the Marriage Monopoly, argues that "couples can use internet communications not only to marry when separated by great distance, but also to choose which state's laws will authorize their marriage."
According to the professors, physical residence in a state has historically never been a requirement that states must impose on couples before marriage. In fact, couples with one member in the military have long taken advantage of the ability to marry by proxy, and these marriages have been legal and valid.
Though the E-Marriage Project does not suggest that a couple's home state would be required to recognize the marriage, they do support legislation in each state that authorizes out-of-state couples to marry via the telephone, mail, or Internet. A law of this type would have a great impact on the gay and lesbian community, whose marriage prospects are currently limited to six states. Many out-of-state couples traveled to Massachusetts and Iowa from the surrounding states when they began issuing marriage licenses to same-sex partners, and E-Marriage could offer a gateway to nuptials for other Southern, Mid-West, or Pacific couples who cannot physically travel to Iowa or New England.
While, for instance, an Arizona couple E-Married in Vermont would receive no formal recognition or marital benefits in Arizona, the ability to obtain a marriage license without the expense and difficulty of travel allows for a symbolic bond that cannot be replaced. Additionally, couples can perform ceremonies in their own state surrounded by friends and family.
E-Marriage may do little for same-sex partners seeking legal rights, but is a step in the right direction to break down barriers and bring marriage equality to all 50 states. Family Fairness will be keeping an eye on the project and supports its efforts.
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