A New York Appellate Court Gives Effect to a Canadian Same-Sex Marriage
Joanna Grossman has posted a commentary on Findlaw titled: A New York Appellate Court Gives Effect to a Canadian Same-Sex Marriage: Using Traditional Rules to Validate a Non-Traditional Marriage.
Historically, states have been free to refuse recognition of foreign marriages if the marriage in such marriages violate natural law. Regarding the court’s application of that rule, Grossman comments:
It also held that the natural law exception does not apply. Indeed, it would be hard to argue that same-sex marriage is "universally abhorrent," given that one American state recognizes full-fledged marriage for same-sex couples and several others grant them marriage-equivalent statuses. Neither bigamy nor incest - the marriages usually encompassed by this exception - ever gained such traction in the United States.