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Full Faith and Credit, GLBT Marriage?
Under article IV “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State….” so a marriage MUST to be recognized by every state, but some state's constitution forbid them for recognizing GLBT marriages, so does that make all GLBT marriages illegal, since they can't be offered Full Faith and Credit?
I've read a lot of answers on this question and most people miss the point, we're talking about a state constitution, not state law. In law for for example a girl could get married in one state and move to another state where she isn't old enough to get married, and the state she moved too MUST recognize that marriage, even though it couldn't be preformed in that state.
So can a state through it constitution stop all GLBT marriages?
I hope that was clear, if not let me know and I'll try and clear it up.
But the DOMA can't overrule the US Constitution, otherwise Congress could pass any act to overrule the Constitution.
Assuming that the DOMA isn't Constitutional who trumps who, can a state through it's constitution stop another state from doing something that would fall under article IV?
Gomanyes
Isn’t a marriage basically a contract between two people, so why wouldn’t marriage fall under the full faith? It would be like saying a contract signed in one state isn’t valid in another state. After all the state issues the license, records the license. Basically if you’re right if I moved to another state I’m not married anymore. Nor could I get a divorce in any other state except for the one I got married in.
4 Answers
- 1 decade agoFavorite Answer
I think the answer to your question, "So can a state through it constitution stop all GLBT marriages?" is, yes, in a way. While a state cannot control what happens in other states, it can, for now, legally NOT recognize a "GLBT" marriage as legal.
For a legal standpoint, this is a really interesting area of developing law. I am not sure how the Supreme Court can justify the current situation in light of cases like Loving v. Virginia, 388 U.S. 1 (1967). Maybe they can because of some perceived overwhelming interest of "the state" to see that men & women marry to encourage procreation to sustain the population (or something like that).
I am not sure what the solution is, but given the history of law in the United States, it is unlikely that there will be a permanent solution any time soon.
- hmitchelLv 41 decade ago
Federal defense of marriage act says that states do not have to recognize such marriages so it preempts any state law or constitution that is contrary. However, the law has not yet been challenged from a constitutional standpoint and whether the DOMA violates the full faith and credit clause and is therefore unconstitutional. I personally think it does.
- Anonymous1 decade ago
Full Faith and Credit doesn't require states to honor each other's marriages. The Supreme Court has never said that one state can overrule the laws of another state. If you are in one state, you are subject to the laws of that state, and you can't say that because you are from somewhere else the local laws shouldn't apply to you. Full Faith and Credit basically means that a state should not question the validity of a law or proceeding from another state, but that does not mean that they have to adopt the same law in their state.
