Full Faith and Credit?

Question

The Full Faith and Credit Clause of the US Constitution (Article IV, Section I) basically says if one state marries a couple then the other states have to acknowledge that marriage as fully valid in their state just like any other marriage in their state.

Some states, like Arizona, have amended their constitution to not allow gay marriage.  Other states (5 if I'm remembering correctly) allow, or will allow, gay marriage.  

If I get married to another girl in one of the states that allows gay marriage, and then I move to a state that does not allow gay marriage, would my marriage be recognized?  If it is not, then would this be unconstitutional due to Full Faith and Credit?  How does the Defense of Marriage Act affect this?

skeptik · Accepted Answer

It would be unconstitutional if there were not already an "out" for those other states (and the Federal government) that refuse to recognize it.  Until that changes, your marriage would only be recognized in one of the states that specifically do so.

And even there, not for any Federal purposes, like say income tax filing.

Gregory · Answer

here is are some sites that may offer some help

http://www.usmarriagelaws.com/search/united_states/index.shtml


http://www.stateline.org/live/ViewPage.action?siteNodeId=136&languageId=1&contentId=15576

Thirty-nine states already prohibit gay and lesbian couples from marrying with laws modeled after the federal Defense of Marriage Act (DOMA). Passed by Congress in 1996, the federal DOMA bars federal recognition of same-sex marriages and allows states to ignore gay marriages performed elsewhere.

this law passed by Congress in 1996 stops the marriages from being recognized nation wide.

Anonymous · Answer

Your instructor already informed you this could violate the 'Privileges and Immunities' clause. do you comprehend which Article of the form includes the two one among those clauses? I do, yet i'm going to motivate you in looking it your self. 1294: this is a HYPOTHETICAL question for a type. The shape of the question makes it sparkling that Ohio does no longer definitely try this.

Lady Wildcat · Answer

The fact that you are posting this question in the Religion section -- as opposed to the Law section, which is where it belongs -- is telling.

It tells me that you're not really interested in finding an answer to a question of constitutional law.  

It tells me, rather, that you have something else in mind.

To answer your question -- I am certainly no lawyer, but I would think that the concept of STATES RIGHTS would come into play here.
.

I&#39;m Back! · Answer

It will be recognized. 

Why post this in R&S

http://www.ncsl.org/programs/cyf/samesex.htm

Full Faith and Credit?

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