Same-Sex Relationships Across Borders‪.‬

The term "recognition" of marriage applies to both the status of marriage and the incidents flowing from chat status. Recent developments in the law regarding same-sex couples in both Canada and the United States have raised important questions about the recognition of same-sex relationships across borders. This article introduces some of the private international law aspects of same-sex relationships in Canada. The province of Alberta's promise to use the notwithstanding clause in order to block the federal government's proposed recognition of same-sex marriages is offered as an example of the private international law issues chat might arise. The author also considers issues related to the recognition of cross-border same-sex civil unions, "ascribed spousal status", and contracts within relationships. She asks whether civil unions chat are distinguished from marriage under the law of their creation can be treated as marriage within the meaning of the forum law and concludes chat the answer will likely depend on the type of civil union in question given the diversity of such arrangements. "Ascribed spousal status"--the state of chose who are subject to the incidents of marriage--is deployed quite differently in different jurisdictions and therefore, the author points out, creates potential problems of forum shopping and evasion. Finally, contracts entered into by parties to a relationship may not be recognized by any jurisdiction other than the one where the contract was concluded.