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26 Colum. Hum. Rts. L. Rev. 247 (1994-1995)
Same-Sex Marriage: The Fundamental Right of Marriage and an Examination of Conflict of Laws and the Full Faith and Credit Clause

handle is hein.journals/colhr26 and id is 255 raw text is: SAME-SEX MARRIAGE: THE FUNDAMENTAL RIGHT OF MARRIAGE AND AN EXAMINATION OF CONFLICT OF LAWS AND THE FULL FAITH AND CREDIT CLAUSE by Robert L. Cordell II* There is no more lovely, friendly and charming relationship, communion or company than a good marriage.* I. INTRODUCTION Marriage is one of the basic, fundamental rights afforded people of the United States and the world. However, it is not a right extended to all people. Many couples who desire to take on the rights and obligations of marriage are prohibited from doing so merely because the partners are of the same sex. The institution of marriage binds a couple together both symbolically and legally. Although many same-sex couples have united themselves through the symbol of marriage, their marriages are not recognized as legally valid in any state. In 1993, a lawsuit brought by three couples from Hawaii against the state's Department of Health reached the Hawaiian Supreme Court.' The suit, Baehr v. Lewin, was the couples' response to the denial of their marriage license applications. The sole reason the licenses were denied was because each applicant couple is of the same sex.2 The plaintiffs filed a complaint for injunctive and declaratory relief in the Circuit Court of the First Circuit, State of Hawaii, on May 1, 1991.3 They sought, inter alia, two main forms of relief: 1) a declaration that Hawaii Revised Statutes § 572-1 (1985), the section of * B.A., B.S., Southern Methodist University (1992); J.D. Columbia University School of Law (expected 1995). Articles Editor, Columbia Human Rights Law Review (1994-95). The author wishes to thank Suzanne Kaiser and Michone Johnson for their help in editing this Note. Special thanks to Evan Wolfson, of Lambda Legal Defense and Education Fund, and Greg McCurdy, of Milbank, Tweed, Hadley and McCloy for use of a chart of marriage laws compiled by them and their staffs. ** Dr. Martin Luther's Divine Discourses at His Table, Table Talk § 292 (London, William Du-Gard 1652). 1. Baehr v. Lewin, 852 P.2d 44 (Haw. 1993). 2. Plaintiffs in the case are Ninia Baehr, Genora Dancel, Tammy Rodrigues, Antoinette Pregil, Pat Lagon, and Joseph Melilio. Id. 3. Id. at 48.

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