Archive for March 17th, 2010

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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