Hot Topic Program - E-Marriage: Emerging Trends Meet the Law

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This panel examines the place-bound procedures states use to authorize marriages.  Almost universally, states require couples’ presence within their borders, however briefly, for a ceremony.  Panelists will discuss whether states could adopt technology-enabled procedures to provide legal flexibility, promote efficiency, and enhance individual choice.  Distance marriages, or e-marriage, could end the requirement of physical presence in a state by a marrying couple.  A wedding could occur via video-conference over the internet or even telephone, with readily available safeguards to prevent fraud. The panel will discuss the merits of the proposal for marriage law in general and for the specific case of making official marriage ceremonies available to same-sex couples wherever they may wish to celebrate their marriage.   Issues include whether there is a need for innovation in marriage procedures and for technology to renew competition among the states in the realm of marriage law and procedure.  Panelists will address the tradeoffs among the goals of easier access, better safeguards, and federalist competition in the context of culture wars and the routine needs of all couples.