Are E-Marriages Legal?

Even Adam Candeub and Mae Kuykendall, the two Michigan State University College of Law professors who are promoting the e-marriage concept, admit that the legalization of e-marriage is unlikely in most states in the U.S.

Mark Reed and Dante Walkup of Texas put e-marriage in the news with their recent wedding. They obtained their marriage license in person in Washington, D.C., then had their marriage ceremony in Dallas, Texas using Skype and an officiant from D.C., Sheila Alexander-Reid.

Andrew Sullivan: "It [e-marriage] almost certainly won't hold up under Texas law."
Source: Andrew Sullivan. "An E-Marriage? TheAtlantic.com. 11/12/10.

John Wright: "Although Reed and Walkup were able to hold their ceremony in Dallas, they had to go to D.C. beforehand to register. And Reed said while D.C.'s marriage law has no provision against e-marriage, the validity of the procedure could theoretically be challenged in court."
Source: John Wright. "Gay Dallas couple legally weds in Texas, aims to bring 'e-marriage' to the same-sex masses." DallasVoice.com. 11/11/10

Adam Candeub, Mae Kuykendall: "States inadvertently have created territorial monopolies for marriage formation law, requiring each marriage receiving the benefits of their licensing laws to be performed within their borders. This seems anomalous, given states' routine provision of legal status, such as incorporation, to those out-of-state. Building upon precedents such as proxy marriage and choice of law for multi-jurisdictional contracts and relying on the Internet's power to reduce transaction costs, we argue that states can and should authorize weddings in any location."
Source: Adam Candeub, Mae Kuykendall. "E-Marriage: Breaking the Marriage Monopoly." SSRN.com. 3/2/10.

Mae Kuykendall: "For controversial marriages, states that do not recognize them would still be able to refuse recognition. But the couples could engage in an expressive activity, with legal meaning in many jurisdictions, in their own community. Couples already travel to marry in places like Massachusetts, returning to reside in states that refuse their marriage recognition, so such couples clearly value an official legal blessing provided by another jurisdiction."
Source: Mae Kuykendall. "Marriage Procedure." TheConglomerate.org. 4/14/10.