tag:blogger.com,1999:blog-19363906.post4937731392027423738..comments2007-06-25T01:21:46.220-04:00The 'Skeeter Bites Report : TRUE LOVE KNOWS NO GENDER, EITHERSkeeter SandersBlogger1125tag:blogger.com,1999:blog-19363906.post-25686757072233628152007-06-21T19:30:00.000-04:002007-06-21T19:30:00.000-04:00Very interesting historical research!A couple of e...Very interesting historical research!<BR/><BR/>A couple of elaborations or corrections:<BR/><BR/>1. The 1913 Massachusetts law derived from a model law, the Uniform Marriage Evasion Act, that was promulgated by the National Commissioners on Uniform State Laws, a panel of legal experts. Whether that panel had a racist motive might be relevant. The law was enacted by not only Massachusetts, but also Illinois (1915), Louisiana (1914), Vermont (1912), and Wisconsin (1915).<BR/><BR/>2. Massachusetts certainly did prohibit interracial marriages early in the 19th century. One of the earliest and leading courts decisions on recognition of out-of-state marriages was decided by Massachusetts' high court. Medway v. Needham, 16 Mass. 157 (1819). There, the court held that although Massachusetts banned interracial marriages, it would recognize the marriage of an interracial Massachusetts who intentionally went to Rhode Island to get married because they could not get married at home in Massachusetts.<BR/><BR/>3. If the U.S. Constitution requires one state to recognize same-sex marriages celebrated in another, it would probably not be because of the Privileges and Immunities Clause of Art. IV (which Skeeter calls the Entitlements clause). Rather, it would be because of either the Full Faith and Credit Clause of Art. IV or the Due Process Clause of the Fourteenth Amendment. But most legal scholars who specialize in this subject do not believe existing precedent supports the claim that other states would be constitutionally required to recognize out-of-state same-sex marriages.<BR/><BR/><I>Stephen Clark is a Professor of Law at Albany Law School and proprietor of samesexconflicts.com, a website a blog devoted to the issue of interjurisdictional recognition of same-sex unions.</I>Stephen Clark