MSU Law Faculty in the News
MSU College of Law Professor's Mae Kuykendall and Adam Candeub launch the E-Marriage Project Which Could Start a Digital "I Do" Revolution
October 28, 2009
Business Wire
For centuries, states have authorized marriages performed outside of their borders. During the World Wars, soldiers abroad and their stateside (sometimes pregnant) sweethearts were married in ceremonies where court officials acted as proxies (typically for the groom) in ceremonies sometimes conducted via telephone. Several states, like Montana and California, offer proxy marriages to this day, albeit only to those serving in the military.
Building upon the established practice of proxy marriage, The Legal E-marriage Project would assist states already performing same-sex marriages with enacting laws to allow couples to marry by proxy via the Internet, and also serve as a clearinghouse for legislative proposals to institute same-sex marriage by proxy over the Internet.
Under The Legal E-marriage Project, states that allow same-sex marriage could open their laws to all Americans, so that same sex couples could marry from anywhere under the laws of states such as Vermont and New Hampshire, that authorize their unions.
"E-marriage" need not rely upon proxies or letters, but would use Internet communications to create a traditional ceremony before friends and family, perhaps with an officiant on-line from Vermont or other jurisdiction. Couples could have a marriage ceremony in the location they choose, but would file necessary papers with a distant state jurisdiction.
We believe that E-marriage could radically change the landscape of same-sex marriage and help committed couples retain their spousal rights. Furthermore, E-marriage could benefit heterosexual couples that wish to marry but are physically separated, as often happens when serving in the military. E-marriage would help them gain legal recognition of their bond, secure possible death benefits, or avoid their children's bastardy—essential legal rights, especially during wartime.
Not every state will recognize every type of E-marriage: A Vermont E-marriage of individuals residing in Michigan does not create a marriage that Michigan will recognize. However, E-marriage would create a genuine legal bond. Same-sex couples could use E-marriage to be legally married in their community and place of worship before family and friends.
Details of the Legal E-marriage Project can be found at www.law.msu.edu/e-marriage.