Conflicts of Law and Policy Relating to Same-Sex Marriage Recognition in Wisconsin

Citation data:

Vol: 94, Issue: 2, Page: 721

Publication Year:
2010
Usage 1513
Downloads 1222
Abstract Views 291
Repository URL:
https://scholarship.law.marquette.edu/mulr/vol94/iss2/6
Author(s):
Willenbrink, Zachary
Tags:
Law
article description
This article examines how Wisconsin courts will treat the marriages of same-sex couples who were validly married in other states; specifically focusing on recognition of the incidents—such as divorce, property ownership, and inheritance—stemming from those marriages. After examining Wisconsin conflict-of-laws jurisprudence, the article describes the public policy problems that may result if Wisconsin courts do not recognize out-of-state same-sex marriages. The article concludes that, despite those policy problems, Wisconsin courts are unlikely to recognize such extraterritorial same-sex marriages, even for the limited purposes of incident-recognition.