March 02, 2004

Gay Marriage: Baseline Documents I

In previous articles, I've mentioned that somewhere between 800 and a thousand laws are affected by marriage in the US. According to this GAO report in 1997 it seems that I've grossly undercounted. There are at least 1049 federal laws that deal with marriage in the US Code (in the last 7 years, they might have increased). State, county, and municipal codes undoubtedly provide many more laws that would need to be adjusted and reviewed.

The GAO report is available on their offical website here, in PDF format.

As far as I can tell, this also does not include common law privileges like the spousal privileges in the Federal Rules of Evidence.

Some treaty law is included in federal marriage law, a wrinkle that I've yet to see examined in any way, reasonable or unreasonable including significant language regarding spousal rights to indian treaty lands. Since each tribe has their own traditions and beliefs and individual treaties with the United States, I somehow doubt that this is going to play out simply.

Posted by TMLutas at March 2, 2004 11:00 PM