Harmful to None: Why California Should Recognize Out-Of-State Same-Sex Marriages under Its Current Marital Choice of Law Rule

Abstract

In this Comment, Sandra Cavazos argues, based solely on California state law, that California courts should recognize samesex marriages contracted outside of California. Essentially, her Comment serves as a "legal primer" for both lawyers and lay persons interested in finding out what will happen when same-sex couples married elsewhere seek to validate their marriages within California. After briefly describing recent efforts to legalize same-sex marriage and the negative federal and state responses to these efforts, Cavazos explains that California's general rule has always been that a marriage valid where contracted is valid in California. However, she notes that California courts have incorporated a public policy exception into this general rule. Under this public policy exception, only marriages which do not harm the state's public policies are recognized as valid. Cavazos then argues that the increasing acceptance of homosexuality and same-sex relationships in California, along with the scientific evidence that these relationships do not harm the state's interest in procreation or * B.A., Harvard University, 1992; J.D., UCLA School of Law, 1998. The author wishes to thank UCLA School of Law Professors Grace G. Blumberg and Frances A. Olsen for their valuable time, the entire staff of the UCLA Women's Law Journal (and in particular Justine Meyers, Debby Cleaves, and Courtney Powers) for their patience and thoughtful assistance, Larry Goldblum and Alonzo Cavazos, for generously sharing their ideas and insights, and Sara Martinez for providing both "spousal support" and internet research assistance in regular doses, as needed by the