Rand’s Razor v. Gay Marriage
I talk about gay marriage a lot because I believe that it has interesting features and consequences beyond those commonly subject to discussion. For example, in my Law Review article, “Same-Sex Marriage and the Federal Spousal Privileges,” I argue that variations in state laws dealing with gay marriage create a situation where federal courts may be faced with a novel choice-of-law question: To which state’s laws should a federal criminal court look to determine the validity of a marriage for purposes of applying the spousal testimonial and communications privileges to same-sex marriages under Federal Rule of Evidence 501. (That article was finished in April, 2009, and has [ . . . ]
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