MARRIAGE AND RELIGIOUS LIBERTY: COMPARATIVE LAW PROBLEMS AND CONFLICT OF LAWS SOLUTIONS
AbstractThe purpose of this paper is to consider how the legal regulation of marriage impacts upon religious liberty, and vice versa, and how to reconcile conflicts between religious liberty and state marriage regulations. It is an area of increasing (and increasingly sharp) conflicts in a growing number of nations. The conflicts concern competing "jurisdictional" and "choice of law" issues involving competing "sovereign" communities. Using comparative law, this Article presents the range and complexity of state-versus-religion conflicts and of systemic legal approaches concerning the regulation of marriage that exist in the world today, focusing specifically on two issues: the formation/celebration of marriage generally, and the legalization of same-sex marriage. Having shown the scope of the conflicts between religious and political communities regarding the regulation of marriage, this Article argues that the body of law known as "conflict of laws" (or "private international law") that is designed and used to decide judicial conflicts concerning the assertion of jurisdiction and the choice of law application in legal disputes involving the interests of multiple sovereigns, provides a valuable model for the resolution of church-state disputes regarding the regulation of marriage.
How to Cite
. MARRIAGE AND RELIGIOUS LIBERTY: COMPARATIVE LAW PROBLEMS AND CONFLICT OF LAWS SOLUTIONS. Journal of Law and Family Studies, [S.l.], v. 12, n. 2, aug. 2010. Available at: <http://epubs.utah.edu/index.php/jlfs/article/view/361>. Date accessed: 18 june 2018.
Copyright Utah Law Review All Rights Reserved.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).