Full Faith and Credit Clause

597 Words3 Pages
Question: Should the full faith and credit clause uphold gay marriage nationwide? Answer: Yes “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.” These words contained in the Full Faith and Credit Clause has been used to unify our states, and provide legal safety nets for a plethora of important binding legalities. Most recently, The Full Faith and Credit Clause had been watered down by other constitutional measures like the 96 “Defense of Marriage Act” but in reality, denying gay marriage national protection under the clause is counter to its purpose and a historical anomaly. Many like current Justice Scalia argue that traditional choice, based on public policy is a standard of US politics and is constitutional. It is for this reason that states do not have to recognize out of state gay marriages unlike other legal measures protected by the Full Faith and Credit Clause. A history of muddied political interpretation has led to measures which overreach principles of federal law, and other similar discriminatory measures like USC section 7’s “definition of marriage and spouse.” The Full Faith and Credit Clause should be upheld in support of gay marriage because constitutionally, not doing so would misconstrue numerous constitutional norms. The Full Faith and Credit Clause normally protect things such as freedom of mobility, the commerce clause, the right to marry, and the right to travel. By not applying the Full Faith and Credit Clause, these liberties are combined and disregarded for a minority group. If a gay marriage (a legal status not a national law) is not guarded by Full Faith and Credit, implications on national economy, family law, and children’s rights are at risk. Further, a lot of the anti- gay marriage push and those who fear the Full Faith and Credit Clause’s
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