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The Secrets of Law$
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Austin Sarat, Lawence Douglas, and Martha Merrill Umphrey

Print publication date: 2012

Print ISBN-13: 9780804782593

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804782593.001.0001

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Spousal Secrets: Same-Sex Couples and the Functional Approach to Spousal Evidentiary Privileges

Spousal Secrets: Same-Sex Couples and the Functional Approach to Spousal Evidentiary Privileges

Chapter:
(p.77) Spousal Secrets: Same-Sex Couples and the Functional Approach to Spousal Evidentiary Privileges
Source:
The Secrets of Law
Author(s):

Edward Stein

Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804782593.003.0004

This chapter considers the arguments for spousal secrets in the context of the current revolution in family law regarding legal recognition of same-sex relationships. It analyzes different approaches for dealing with the legal status of spousal secrets at this revolutionary moment and offers a sophisticated version of functionalism as a viable approach to spousal secrets.

Keywords:   spousal secrets, family, same-sex relationships, functionalism, legal recognition

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