Same Sex, Different States
I just finished listening to Andrew Koppelman, Yale law professor and author of the new book Same Sex, Different States: When Same-Sex Marriages Cross State Lines, on the Diane Rheme Show. I’ll definitely have to add his book to my (ever growing) “to read” list. He spent the segment talking about the various issues that crop up with gay couples, who are as mobile as anyone else in our culture, move from one state to another and end up throwing their legal rights and relationship into question.
With the likelihood that we’ll see a state-by-state approach favored for same-sex unions for the foreseeable future, we’ll also more frequently bump into an inevitable reality: the rights and protections we have in the states where we are married or “civil unionized” are not portable. Cross state lines and your spouse is no longer your spouse; something heterosexual couples don’t face, because they’re free to move about as they please without their rights and relationships being questioned. (And unmarried heterosexual couples always have the choice to get married, and can do so with relative ease in order to get the same rights and protections.)
And that means that as we continue committing to each other and creating families that occasionally cross state lines, we’re going to find ourselves in court, sorting out the inevitable confusion, in the Vermont/Virginia lesbian custody case I mentioned earlier, which has landed back in the headlines.

















