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Recently Article 4 of the Constitution has received a great deal of attention because Hawaii and Vermont have considered making a marriage between partners of the same sex a legally recognized marriage. Because of Article 4, some legal experts say that all other states also must recognize same-sex couples, married in Hawaii or Vermont, as legally being married. Therefore, these couples would have the same rights and privileges as opposite-sex married couples. In response, many states have passed amendments to their state constitutions outlawing same-sex marriage.
Put yourself in the position of a person who must interpret the federal government's role in this conflict among the states. If the federal government rules Article 6 will override the state regulations. (Interpret the law, not your personal feelings about the outcome). Use the Internet and/or other references to research the issues if you feel you need more background

2007-04-06 12:57:54 · 4 answers · asked by jeremy_rrush_ 2 in Politics & Government Law & Ethics

I understand that there are spelling mistakes ok so you don't have to mention it.......lol

2007-04-06 12:58:57 · update #1

4 answers

The "Full Faith and Credit" clause of the Constitution requires that each state honor the acts of its "sister" states. Failure to have uniform laws, stamps and currency were a major reason the Articles of Confederation were repealed and the Constitution adopted. (That's the short history version)
If a law of a sister state is offensive to the public policy of another state, it does NOT have to be honored in the sister states. Historically-think segregation It was not nationwide.
Therefore. a sister state could refuse to honor a validly entered gay marriage. This "public policy" exception has been carved out by the Supreme Court in case law, but is supported by the clause in the Constitution that says "all rights not reserved for the federal government are hereby reserved to the several states" or something like that.

2007-04-06 13:58:26 · answer #1 · answered by David M 7 · 1 0

There is no such dispute. The legal situation is very clear. States do not have to recognize marriages from other states. In fact, many states have had laws in the past related to things like mixed race marriage that prohibited recognition of those marriages performed in another state. The full faith and recognition provision has NEVER been held to cover marriages.

DOMA, passed by Congress and signed by Clinton, effectively prevented any federal recognition of same-sex marriages.

2007-04-06 22:38:44 · answer #2 · answered by Anonymous · 0 0

This is precisely why some people push for a constitutional amendment defining marriage as between one man and one woman. The opponents that claim it should be up to the states are (deliberately?) forgetting Article 4, Section 1 of the Constitution. For those who don't know, it reads "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State." I understand marriage licenses to be public records and the act or issuing them to be public acts. As I interpret the US Constitution, marriages conducted in ONE state must be recognized in ALL states.

2007-04-06 21:04:14 · answer #3 · answered by STEVEN F 7 · 0 1

I feel if in some places Gay marriage is ok then why not make it legal where it an't. What many fail to realize is that it an't just about being Gay. It's about 2 people in love, wanting to commit and they are being judge because of ignorant people that think if gay folks get marry it's a new disease. If you ask me it's all about like your neighbors next door....nosey and steroetypes.

I am not gay but i feel when someone is in love let them be. Besides who are we to judge. We are not god. For the so call " i'm religious" people who judge Gay and Gay marriage an't it a sin to judge others. Gayness is inocent compare to rape and murder, ALDULTRY. Society need to start bitching about why sex offenders get like 3 years in jail, why those who commit adultry dont get stone ?

2007-04-06 20:25:25 · answer #4 · answered by May 2 · 1 1

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