Is Testamentary Restraint of Same Sex Marriage Permissible?

Robert L. Moshman (attorney and writer) has written an article entitled Estate Analyst: Testamentary Restraint of Same Sex Marriage, Oct. 2009.

Here is a summary of the article:

Can a testator impose a testamentary restriction on a bequest that prohibits the potential beneficiary from entering a same-sex marriage? The answer might depend on where you are. If a jurisdiction doesn’t sanction same sex marriage, then a prohibition against it may be valid since it is not recognized anyway. But if the jurisdiction recognizes such marriages if originating from a jurisdiction where it is sanctioned, then the prohibition could be voided.