Article 4, Section 1 of the United States Constitution reads:. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof. Many have wondered why the Full Faith and Credit Clause does not apply to same sex marriages, and some argue that it should. Many more states than not do not recognize same sex marriage.
Full Faith and Credit Clause
IBA - The US Constitution’s ‘Full Faith and Credit Clause’: recognition of same-sex marriages
My wife and I were married in Pennsylvania. If we moved to New York, I am confident that New York State would recognize our marriage and allow us all the rights of married people, such as joint tax returns, inheritance, etc. The reason I am confident is that the U. Constitution , from the very beginning, required states to accord "full faith and credit" to the acts of other states. Since Pennsylvania married us, New York cannot refuse to recognize our marriage. Even before the Constitution was signed, states or colonies had their own criteria for who could get married, and still do. In most states, for example, the minimum age to marry is 18, but it is 19 in Nebraska and 21 in Mississippi.
The US Constitution’s ‘Full Faith and Credit Clause’: recognition of same-sex marriages
This is the shorthand version. The upshot is that a guy died in Kansas. He died without a will. Normally in Kansas, the wife inherits in that case. How far does Article IV go?
In United States v. Windsor , U. Subscribe Now.