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Topic: Full Faith and Credit clause


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  fullfaithandcredit   (Site not responding. Last check: 2007-10-20)
Neither the language of the clause nor the discussions at the Philadelphia Convention made clear whether it was meant to require only that public records be admitted into evidence in other states or whether it was intended to go further to give such records legal effect in other states.
In 1948 Congress revised the statutory provision regarding full faith and credit to require that full faith and credit be given to state laws as well as records and judgments.
The Full Faith and Credit Clause is particularly important in the context of state court judgments.
www.udel.edu /poscir/suedavis/fullfaithandcredit.htm   (749 words)

  
 Full Faith and Credit Clause - Wikipedia, the free encyclopedia
Without this clause, enforcement of state-to-state extradition, portability of court orders, nationwide recognition of legal status, out-of-state taxation, spousal and child support, and the collection of fees and fines would all be impossible without separate federal action, or a similar action by the other states.
Texas decision that he feared application of the full faith and credit clause to the majority’s decision in that case might destroy "the structure.
Full Faith and Credit Provision of the Violence Against Women Act by Delaware State
en.wikipedia.org /wiki/Full_Faith_and_Credit_Clause   (1008 words)

  
 [No title]
Accordingly, under the principles articulated in Marworth, that judgment was res judicata as between Craven and Southern Farm and was entitled to full faith and credit in Colorado.
Craven argues that the Arkansas judgment is contrary to the then existing public policy in Colorado concerning PIP benefits and that the Full Faith and Credit Clause permits a collateral attack on a foreign judgment that is contrary to the public policy of the recognition state.
full faith and credit requires that it be recognized and enforced in a sister State even though the original claim is contrary to the strong public policy of the sister State.
www.courts.state.co.us /coa/opinion/2004q3/03CA1674.doc   (2208 words)

  
 Matthew J. Franck on Gay Marriage & Constitution on National Review Online
Billing herself as an expert on the "full faith and credit" clause of Article IV of the Constitution, with "dozens of technical publications on interstate jurisdiction" to her credit, Brilmayer mocked the Senate Judiciary subcommittee that had invited her to speak at a March 3 hearing on FMA.
It hasn't." The hearing where she appeared, therefore, "was entirely unnecessary." There will be no "full faith and credit chain reaction," she asserted — no sudden run of every state's courts feeling obliged to honor the marriage licenses that might be granted to gay couples "married" in some other state.
The full-faith-and-credit clause, she noted, has always been interpreted according to the "public policy doctrine," by which state courts may hold that marriages contracted in other states will not be honored if they violate the strong statutory (or common-law) public policy of the state to which a "married" couple moves.
www.nationalreview.com /comment/franck200403160942.asp   (1030 words)

  
 muddy boundaries between Res Judicata and full faith and credit, The Washington and Lee Law Review - Find Articles
The clause operates both by restricting the right of each state to ignore the judgments of the others and, to a far smaller degree, by restricting the right of each state to ignore the statutes of other states.
Because the Full Faith and Credit Clause reflects policies not embodied in state res judicata doctrine, it should not be surprising that, in some instances, full faith and credit doctrine diverges from state res judicata doctrine.
The deviation between state doctrine on the one hand and full faith and credit on the other is greatest where the state judgment most closely resembles a legislative edict - a determination that one of the parties to the litigation may not, or must, conduct certain activities in the future.
www.findarticles.com /p/articles/mi_qa3655/is_200101/ai_n8951756   (672 words)

  
 Senator Edwards and The Full Faith And Credit Clause ... Regarding Recognition of Out-Of-State Marriages
Senator Edwards and The Full Faith And Credit Clause...
The Full Faith and Credit Clause does not require that states recognize marriages performed in other states.
Full Faith and Credit requires states to give effect to the judicial acts of sister states.
www.thegreenpapers.com /Vox/?20041007-0   (532 words)

  
 [No title]   (Site not responding. Last check: 2007-10-20)
Because of the Full Faith and Credit Clause in Article 4 of the U.S. Constitution, the Goodridge verdict could invalidate the Defense of Marriage Act.
Unfortunately, this is a common misconception with regards to the Full Faith and Credit clause of the constitution, and the issue is by no means clear cut.
It reads the clause broadly, saying its purpose is “to alter the status of the several states as independent foreign sovereignties, each free to ignore obligations created under the laws or by the judicial proceedings of the others, and to make them integral parts of a single nation.” (Williams v.
www.lycos.com /info/full-faith-and-credit-clause--miscellaneous.html   (342 words)

  
 [No title]
It begins with the birth of the clause and the history underlying its adoption.
While the clause does not by its terms dictate that result, state immunity is one of the "silent postulates" of the Constitution.
Actually, the full faith and credit clause does not require recognition of all out-of-state marriages, there's a pretty wide-open exception for "public policy".
www.lycos.com /info/full-faith-and-credit-clause--states.html   (655 words)

  
 Homosexual Marriage: Over My Full-Faith-and-Credit Limit
Both sides of the homosexual marriage debate appear to take as a given that the "full faith and credit" clause of the U.S. Constitution means that if any state recognizes homosexual marriage, that all other states will be obliged to recognize any such marriages.
In these and numerous other cases, the Supreme Court has made clear "full faith and credit" means that states must recognize contracts and court settlements and the like from other states, but only as long as they are consistent with the states own laws and policies.
The U.S. Supreme Court agreed with Nevada: "Full faith and credit" does not mean that California law applies to actions that a person made in Nevada.
johansens.us /sane/culture/gaymarry.htm   (1912 words)

  
 Full Faith and Credit   (Site not responding. Last check: 2007-10-20)
Full Faith and Credit Clause seems to require its application to them, but the law is otherwise in states having laws or policies
For example: "[The Full Faith and Credit clause does not] compel a state to substitute the statutes of other states for its
DOMA and similar state laws, which modify the Full Faith and Credit Clause, seem clearly unenforceable.
www.geocities.com /njcivilunion/full.htm   (1185 words)

  
 CRS/LII Annotated Constitution Article IV
Hence, if a question arises as to the liability of the stockholders of a corporation, the courts of the forum State are required by the full faith and credit clause to determine the question in accordance with the constitution, laws and judicial decisions of the corporation’s home States.
Fetter, 341 U.S. (1951), the Court, by a narrow majority, held invalid under the full faith and credit clause a statute of Wisconsin which, as locally interpreted, forbade its courts to entertain suits of this nature; in First Nat.
More recently, the Court has acknowledged that the full faith and credit clause does not compel the forum state, in an action for wrongful death occurring in another jurisdiction, to apply a longer period of limitations set out in the Wrongful Death Statute of the State in which the fatal injury was sustained.
www.law.cornell.edu /anncon/html/art4frag6_user.html   (1212 words)

  
 SSRN-Domestic Violence Across State Lines: The Full Faith and Credit Clause, Congressional Power, and Interstate ...
It examines both the scope of the Constitution's Full Faith and Credit Clause, as well as the extent of Congress' authority to require full faith and credit recognition, even if it were not constitutionally mandated.
The Article is highly relevant to the full faith and credit issues regarding same-sex marriage, and the constitutionality of the Defense of Marriage Act.
It concludes both that the Constitution requires that protection orders be granted full faith and credit, and that the VAWA provision is within the scope of Congress' authority under the Clause.
papers.ssrn.com /sol3/papers.cfm?abstract_id=838884   (422 words)

  
 Law Review Alert: Failure of Full Faith & Credit in Indian Country
To achieve the goal of the full faith and credit provision of the VAWA and protect women in Indian country, Congress must therefore amend the statute to make it enforceable against Indian tribes.
Because no uniform full faith and credit code for states exists, each state that has passed this legislation has constructed its own method of enforcing foreign protection orders.
Although the full faith and credit provision of the VAWA requires implementation by individual tribes, many tribes simply do not pass resolutions giving full faith and credit to foreign protection orders.
www.ohiodvresources.org /attinfo/news/article.php?id=265   (965 words)

  
 Divorce and Domicile: Part IV
Because the Full Faith and Credit Clause "leave[s] the effect of divorce decrees to be determined.
Thus, in a case in which the Full Faith and Credit Clause was not even an issue, the Third Circuit held that the Due Process Clause compelled the domicile rule.
Duke, 375 U.S. (stating that "[f]ull faith and credit thus generally requires every State to give to a judgment at least the res judicata effect which the judgment would be accorded in the State which rendered it"); Christmas v.
www.law.pitt.edu /wasserman/law1e.htm   (3806 words)

  
 Choice of Law in a Federal System and an Internal Market
The Full Faith and Credit Clause and the Privileges and Immunities Clause embody the principles of equal states and equal citizens, respectively, which mandate neutral choice-of-law rules.
The Privileges and Immunities Clause prescribes that "[t]he Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." Citizens of different states have to be treated equally; discrimination against out-of-state citizens is forbidden.
While it is thus impermissible under the Privileges and Immunities Clause to discriminate against litigants from other states, it is also impermissible to discriminate against laws from other states under the Full Faith and Credit Clause.
www.jeanmonnetprogram.org /papers/01/012601-04.html   (2971 words)

  
 Don't Feed The Judges: No need for a marriage amendment
The Bush administration has concluded that the act would be struck down upon appeal to the Supreme Court, based on the "full faith and credit" clause in Article IV Section1 of the Constitution.
That clause guarantees that "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State." A marriage license, being a public record, appears to be subject to this demand.
Therefore, recognition by one state of gay marriages performed in another is not required by the "full faith and credit" clause.
shinbone.home.att.net /maramend.htm   (1369 words)

  
 Q&A: From Roe and recusal to full faith and credit - Nation/Politics - The Washington Times, ...   (Site not responding. Last check: 2007-10-20)
QandA: From Roe and recusal to full faith and credit
The full faith and credit clause in general means that one state must honor judgments that are issued by a court of another state.
And a challenge to the Defense of Marriage Act under the full faith and credit clause would call into question the precise scope of the doctrine, and I believe that scholars have expressed differing views about how it would apply in that situation.
www.washingtontimes.com /national/20060111-112620-3708r.htm   (969 words)

  
 [No title]   (Site not responding. Last check: 2007-10-20)
But here is the situation we confront: Gay rights lawyers have made plain their intention to invoke the Full Faith and Credit Clause to persuade judges in the other 49 States to ignore the public policy of those States and to recognize a Hawaiian same-sex marriage license.
According to the Full Faith and Credit Clause of the Constitution, unless Congress says otherwise, the other 49 states in the Union would be required to abide by the Hawaii decision.
This is a novel and unconstitutional interpretation of the clause.
www.cs.cmu.edu /afs/cs/user/scotts/bulgarians/doma/debate_jul11.txt   (8275 words)

  
 Same Sex Marriage: An Act of Law
Thus the laws of one state regulating marriage are, on the face of things, entitled to the full faith and credit in all other states.
However, in interpreting the full faith and credit clause, the courts have said that states are not required to automatically accept another state’s laws if to do so runs afoul of the second state’s own laws.
Thus, the public policy and laws of the second state have to be at least co-equal or nearly so with the public policy and laws of the first state if the second state is to be required to enforce the same sex marriage that took effect in the first state.
www.ivanhoffman.com /marriage.html   (2804 words)

  
 Online NewsHour: The Battle Over Same Sex Marriage -- The Defense of Marriage Act
Some have argued that it clearly violates the "full faith and credit" clause of the U.S. Constitution, which reads, "Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state.
"The Constitution says that full faith and credit shall be given in each state to the public acts and records and judicial proceedings of every other state," the president said.
Some have said DOMA should not be subject to the full faith and credit clause because the clause itself gives Congress the right to control the "effect" of the agreements that fall under it.
www.pbs.org /newshour/bb/law/gay_marriage/act.html   (1344 words)

  
 Equality Maryland
That Clause provides that "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State." On its face, that would seem to compel states to recognize each others' marriages – if marriages qualify as public acts.
Thus, some commentators maintain that the "public policy exception" itself allows states to refuse recognition to same-sex marriage – at least in the many states that have adopted a statute or amended their own constitution to declare such unions impermissible – and thus moots the need for DOMA in the first place.
Some believe that DOMA is unconstitutional because under the Full Faith and Credit Clause, Congress has only the power to dictate what the "Effect" of acts like marriage might be – not whether such acts have any effect at all.
www.equalitymaryland.org /News2004.7.27.htm   (1637 words)

  
 SSRN-The Essential Irrelevance of the Full Faith and Credit Clause to the Same-Sex Marriage Debate by Patrick Joseph ...
SSRN-The Essential Irrelevance of the Full Faith and Credit Clause to the Same-Sex Marriage Debate by Patrick Joseph Borchers
Although the Full Faith and Credit Clause is often assumed by the popular press and some legal commentators to impose a mandatory duty on states to recognize same-sex marriages validly celebrated in another state, this common assumption is clearly false.
Borchers, Patrick Joseph, "The Essential Irrelevance of the Full Faith and Credit Clause to the Same-Sex Marriage Debate".
papers.ssrn.com /sol3/papers.cfm?abstract_id=899385   (297 words)

  
 NFRA: No Faith -- Less Credit   (Site not responding. Last check: 2007-10-20)
The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states...
The "Full Faith and Credit Clause" is likely to be amended if the prospect of same sex marriages continues to loom.
It may be that the straightforward repeal of the clause would be better than tampering with it.
www.gopwing.com /modules.php?sid=65   (945 words)

  
 uExpress.com: On the Right by William F. Buckley Jr. -- (08/05/2003) THE CONSTITUTIONAL DEFENSE
The first is that gay marriage evangelists are ready to take advantage of that clause in the Constitution (the "full faith and credit" clause) that requires individual states to respect legislation and judicial findings of other states in respect of citizens of those states.
We have then the full-faith-and-credit clause of the Constitution prospectively sanctioning a dramatic alteration in the basic social arrangements of the United States.
If individual states wish to authorize civil unions between members of the same sex, they would be free to do so, but not free to plead immunities particular to their own state as extending to all 50 states.
www.uexpress.com /ontheright/?uc_full_date=20030805   (733 words)

  
 Yale Law Journal | Archive   (Site not responding. Last check: 2007-10-20)
This reinterpretation of full faith and credit renders unconstitutional both the public policy exception and the "better law" approach used in some states.
While the Constitution permits Congress to define the "Effect" one state's laws or judgments shall have in another state, this power was conferred to enable Congress to refine and implement the basic obligation of full faith and credit.
It does not confer power to relieve states of their responsibilities under the Full Faith and Credit Clause.
www.yalelawjournal.org /106/106-7ab1.html   (185 words)

  
 Table of contents for The full faith and credit clause
Table of contents for The full faith and credit clause : a reference guide to the United States Constitution / William L. Reynolds and William M. Richman.
Full Faith and Credit to a "Public Act" Introduction.
The Relation Between the Full Faith and Credit Clause and Choice of Law The 1930s Trilogy A Bit of Relevant Constitutional History Intermezzo The 1980s Trilogy The Allstate Test Ease of Application Maintaining Full Faith and Credit Was Justice Steven Right?
www.loc.gov /catdir/toc/ecip054/2004028096.html   (326 words)

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