Full Faith and Credit for Dummies
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Authors
Whitten, Ralph U.
Issue Date
2005
Volume
38
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The purpose of this article is to summarize the history and current interpretation of the Full Faith and Credit Clause of the United States Constitution. Because the article is based on a presentation at a conference on interjurisdictional recognition of same-sex marriages, it will pay particular attention to the application of the Full Faith and Credit Clause to marriage issues. Section II of the article will briefly summarize the history of full faith and credit jurisprudence and demonstrate how that history explains some apparent anomalies in the modern administration of the clause. Section III will discuss the contemporary interpretation of the clause. Section IV will examine how the modern interpretation of the clause bears on issues of marriage. Section IV will also examine the Defense of Marriage Act ("DOMA") and how that act affects the recognition in each state of same-sex marriages performed in other states. Section V will conclude with some general remarks about the probability of the historical or modern interpretation of the Full Faith and Credit Clause having any bearing on the result of the constitutional debate over restrictions on same-sex marriage. One word of caution is in order. As its title indicates, this article is intended to describe the basics of full faith and credit jurisprudence rather than to be a detailed exposition of the historical or modern jurisprudence of the clause. I have written numerous articles on the core issues of the interpretation of the Full Faith and Credit Clause, as well as on the application of the clause to interjurisdictional recognition of marriage and other domestic relations issues. Putting it...
Description
Citation
38 Creighton L. Rev. 465 (2004-2005)
Publisher
Creighton University School of Law