A Right to Same-Sex Marriage Under International Law: Can it be Vindicated in the United States

"This Note presents an in-depth analysis of how a right to same-sex marriage might be vindicated under principles of international law in U.S. courts. Part II provides an overview of the rights of gays and lesbians in the United States, focusing on the debate over same-sex marriage. Part III discusses the potential support for same-sex marriage under international law. In particular, the U.N. Human Rights Committee's interpretation of the Covenant on Civil and Political Rights, arguably mandates a right to same-sex marriage. Part IV considers whether an international right to same-sex marriage can be enforced in the United States, looking at the possibilities for enforcement in both the U.N. system and domestic courts. In addition, Part IV discusses whether litigants may be able to enforce this international right over inconsistent state law."