Prof. Nicolas considers the prospects for common law same-sex marriage in the District of Columbia, Iowa, and New Hampsire. These states allow same-sex couples to marry and also recognize common-law marriages.
He addresses
the question whether it makes sense--as a policy matter--to expand the concept of common law marriage to include same-sex couples, including an analysis of whether being a closeted same-sex couple is consistent with being in a common law marriage.
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