Showing posts with label full faith and credit. Show all posts
Showing posts with label full faith and credit. Show all posts

Wednesday, January 16, 2008

Thursday Constitution Blogging


Today we take a peek at the "full faith and credit" clause found in Article IV. Section 1.

Article. IV.
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.
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.

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