Today we take a peek at the "full faith and credit" clause found in Article IV. Section 1.
Article. IV.Where federal statutes or regulations do not apply, states may set their own laws and regulations, procedures and standards. Lest we fall into chaos, a birth certificate issued in Montana is recognized in Missouri. Likewise the decision of a court in Delaware is recognized in Oregon. That sort of thing.
Section. 1.
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
This basic principle of our system enters into debates about same-sex marriage. If I am legally married in Massachusetts, is my marriage recognized in Alabama?
Well, usually. But there have been exceptions and arguments around issues like miscegeny and all hell seems to have broken loose whenever gay marriage becomes, or threatens/promises to become, a possibility. Suddenly folks don't want to give "full faith and credit" to the actions of other states. And amendments to the Constitution are suggested to make sure no state is forced to recognize marriage among queers. This and related issues are discussed in the Wikipedia article on this topic.
Lots of interesting questions to be pursued there.
--the BB
4 comments:
I am still waiting for someone to explain to me just how or why gay marriage is such a threat to heterosexual marriage, family, etc?
The quite married, heterosexual family I grew up in was a threat to many reasonable family values.
And many same sex unions that are part of my family and friends show much stability and love.
Craziness does not align itself by gender or sexual orientation. And if it does, the numeric odds are not with us "breeders"...
My friend Kathy writes:
And of course, it begs the question, where does it end? Homosexuality and gay marriage aside, if one state refuses to accept even one law passed by another, whatever the law, then what is to keep this from descending into anarchy and each state basically becoming their own little country? Let us keep in mind that it is the UNITED states of America. This sort of chaos, where one state decides on accepting a law from another state and yet another decides not to is exactly what led to the Civil War.
And, to get back to the gay marriage issue, why on earth has it become such a big thing? I venture to postulate that if it were allowed legally, there probably would be a sudden influx of marriages on the part of gays, but then it would settle down into the sort of compromise that heterosexuals have reached: some marry and some don't. The point to remember is, NO ONE would be penalized for NOT getting married, as far as partner rights, insurance, etc., either gay or straight. A law allowing consenting adults of any sexuality to marry would benefit all.
As one who's Constitutionally Semi-Literate, I thank you for calling my attention to this specific Article/Section. I have dear friends who are in stable, long-term same-sex relationships and who must jump through countless hoops to secure their rights to a life as a couple, as well as a daughter who has a loving and committed partner, and who is seriously considering moving to Canada in order to be afforded Legal Parity.
What a terrible loss, both for me personally and for our Nation as a whole, to forsake our loving children and neighbors in the name of a God who would never do such a thing!
A terrible loss indeed. It is such stupidity, and so blind to the obvious reality of human relationships and heartless toward those who wish to love and have the same privileges and responsibilities as everyone else.
Blessings on your daughter and her partner and your friends!
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