Legal Studies Research Paper Series
Research Paper No. 07 - 25

E-marriage: Breaking the Marriage Monopoly

Adam Candeub Mae Kuykendall

This paper can be downloaded without charge from the Social Science Research Network Electronic Paper Collection at: http://ssrn.com/abstract=1491704

Candeub-Kuykendall: Draft. Do Not Cite or Quote Without Permission

E-MARRIAGE: BREAKING THE MARRIAGE MONOPOLY Adam Candeub and Mae Kuykendall ∗ ABSTRACT: This Article advocates updating the law governing marriage formation to recognize the shift in social interactions from real to virtual life. We argue that couples can use internet communications not only to marry when separated by great distance but also to choose which state’s laws will authorize their marriage. In particular, same sex couples could marry under the laws of a state that permit such unions, regardless of where they exchange vows. States inadvertently have created geographic monopolies, requiring each marriage receiving the benefits of their licensing laws to be performed within their borders. This Article’s model builds upon established precedents, such as proxy marriage and choice of law for multijurisdictional and internet contracts. Using the power of internet communications, our proposal allows states to compete over marriage’s procedures and substance. Depending on a couple’s preferences for “e-ritual” and a state’s desired level of regulatory control, couples could consume the trappings of a traditional ceremony before their friends and family, without travelling to another jurisdiction, perhaps with an officiant presiding on-line from a remote location. More simply, couples could have a complete marriage ceremony in the location of their choice, but would receive a license and file necessary papers with a distant state jurisdiction. Some states do not recognize types of marriages that other states