Full Faith and Credit: State Recognition of Homosexual Marriages
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This paper discusses the constitutional and legal issues raised by contradicting laws on same-sex marriage passed on both federal and state levels. The Constitutional full faith and credit clause requires states to recognize laws passed by other states, however this is not absolute. In 1996 Congress enacted the Defense of Marriage Act (DOMA), under which there is no federal recognition of same-sex marriages, DOMA allows states to bypass the full faith and credit clause in the case of same-sex marriage. This paper presents the dilemmas created by these conflicting doctrines and how these dilemmas are being approached by different states.
From the Paper:"There are only two states that currently allow same-sex marriages, California and Massachusetts. There are four different states that allow civil unions for same-sex couples. These include Connecticut, New Hampshire, New Jersey, and Vermont. Four other states allow couples to register as domestic partners. These are others Maine, Hawaii, Oregon, and Washington. After Massachusetts began allowing same-sex marriage in 2003, twenty-three states quickly passes constitutional amendments that prohibit such marriages. There were already four states that had such constitutional provisions in place. At the federal level, there have been many unsuccessful attempts at amending the U.S. Constitution in which to prohibit same-sex marriages (Borton, 2009). There have been several proposals before Congress to amend the federal Constitution, in order to define marriage as occurring between a man and a woman. These proposals have also wanted to ensure that states would not be required to recognize same-sex marriages from other jurisdictions. Opponents of these amendments cite federalism concerns in addition to support for same-sex marriages. In order to amend the Constitution there must be a vote of approval by 2/3 of the U.S. House and Senate and 3/4 of the state legislatures for enactment, which has proved very hard to get (Same Sex Marriage, Civil Unions and Domestic Partnerships, 2009)."
Sample of Sources Used:
- Borton, Tom. "Is Gay Marriage a Slippery Slope or an Even Playing Field." The Legality. 2008. 20 April 2009 <http://www.thelegality.com/archives/67
- "Same Sex Marriage, Civil Unions and Domestic Partnerships." National Conference of State Legislatures. 2009. 20 April 2009 <http://www.ncsl.org/programs/cyf/samesex.htm>
- "Same Sex Marriage: Developments in the Law." Findlaw. 2009. 20 April 2009 <http://family.findlaw.com/same-sex-couples/same-sex-marriage-developments(1).html
Cite this Analytical Essay:
Full Faith and Credit: State Recognition of Homosexual Marriages (2011, October 09) Retrieved September 28, 2023, from https://www.academon.com/analytical-essay/full-faith-and-credit-state-recognition-of-homosexual-marriages-148282/
"Full Faith and Credit: State Recognition of Homosexual Marriages" 09 October 2011. Web. 28 September. 2023. <https://www.academon.com/analytical-essay/full-faith-and-credit-state-recognition-of-homosexual-marriages-148282/>