"full faith and credit"

[skittles_was_here]

hey guys, so i just heard about the "full faith and credit" law and i have a bit of a problem with it. but first let me explain the law. so basically the "full faith and credit" law states that if one law is made in a state it will be made in all states EXAMPLE: if a state legalizes marriage and divorce, all states will have to legalize it.

now, this is the example my teacher gave us, but what confused me was, if that's true, then why is gay marriage only legal in 15 states and not all 50? when i asked him this question he told me that was a good question and that apparently it didn't apply to gay marriage.

later on i was talking to a friend about it and he got mad about it just like i was. so he told me i should write a letter to the presidentabout it. and i thought better yet, write one to obama AND congress. so at the moment i am currently working on those. hopefully this will HELP us reach the goal of legalizing gay marriage. is there anything anyone thinks i should have in the letters?

[Living For Love]

I'm not American, and I don't live in the USA, but it makes sense that all the laws should be applied equally in all the states. That's why it's called "United States", right? Maybe you should explain this in your letter, the fact that, although there are 50 states, you're just one country, one nation, and differences between each state doesn't help the country to get united, and it can lead to other problems, like it lead in the past.

[workingatperfect]

I think you misunderstood your teacher. Full Faith and Credit means that any legal judgments or licenses in one state, are recognized and valid in any other state. When you move to a new state, you can renew your driver's license without having to retake the test. If a couple gets divorced in one state, there divorce is recognized everywhere (probably what your teacher was referring to.) If someone is found guilty of crime in Ohio, they can't go to New York and have it retried, because the ruling is recognized in every state. A doctor doesn't have to go to med school all over again to practice in a different state, they can just reapply for a license in the new state.

THAT is the Full Faith and Credit Clause. I has nothing to do with making laws.

The only thing it has to do with gay marriage is this... Why [-]are[/-] were same sex marriage licenses not recognized in every state? Simply, because they're illegal in those states. Say a business gets a liquor license in a town. They then spread their business to other surrounding towns. If one of those towns outlaws the sale of liquor, that license means nothing there. Of course, this has changed due to the overturning of the defensive marriage act.

EDIT: Forgot about DMA for a sec, I've made corrections to fit with that.

[skittles_was_here]

I think you misunderstood your teacher. Full Faith and Credit means that any legal judgments or licenses in one state, are recognized and valid in any other state. When you move to a new state, you can renew your driver's license without having to retake the test. If a couple gets divorced in one state, there divorce is recognized everywhere (probably what your teacher was referring to.)


The only thing it has to do with gay marriage is this... Why are same sex marriage licenses not recognized in every state?

mmm see i did some more research on this today, and talked to my teacher again to clear things up on this new subject and tell him my plan. "the full faith and credit clause insures that judicial decisions rendered in the court of one state are reconized and honered in every other state" why it was created "they sought to guaruntee that judgement rendered by the court of one statewould not be ignored by the courts of other states"
"the full faith and credit clause requires that the judgement recieve the same effect in other states as it has in the state that it has already been entered."
so basically, if gay marriage were reconized, legal, and honered in massachusets persay but not reconized, legal, or honered in texas, they would not be following the full faith and credit law and instead ignoring it with the arguement of same sex marriage.

[skittles_was_here]

also by ignoring article 4 section 1 of the constitution (full faith and credit clause) they are also ignoring section 6 of the constitution (look it up if you don't know it)

[workingatperfect]

Can you just think about your original post for a second though.
if one law is made in a state it will be made in all states
Um? If that were the case, our country would be a mess. There wouldn't be any point in having state or local governments. There would be constant bitch fits with states going "They can't make that law, I made one to the contrary and mine came first!"

mmm see i did some more research on this today, and talked to my teacher again to clear things up on this new subject and tell him my plan. "the full faith and credit clause insures that judicial decisions rendered in the court of one state are reconized and honered in every other state" why it was created "they sought to guaruntee that judgement rendered by the court of one statewould not be ignored by the courts of other states"
"the full faith and credit clause requires that the judgement recieve the same effect in other states as it has in the state that it has already been entered."
so basically, if gay marriage were reconized, legal, and honered in massachusets persay but not reconized, legal, or honered in texas, they would not be following the full faith and credit law and instead ignoring it with the arguement of same sex marriage.

Gay marriages don't fall into judicial ruling though. Simple as that. Laws =/= judicial rulings.
(this is only to do with FFCC though, gay marriage IS recognized in every state, but is not legal)


also by ignoring article 4 section 1 of the constitution (full faith and credit clause) they are also ignoring section 6 of the constitution (look it up if you don't know it)

You're going to have to be more specific than section 6. there's a lot of section 6's in the constitution.

[skittles_was_here]

the section 6 section one i think "the constitution and laws flowing flowing from it are the 'supreme law of the land' and that state's laws, constitution, and judicial decisions must agree to the constitution."

[workingatperfect]

Ah, you mean Article 6 which does indeed state that state governments must be in compliance with the Constitution.

How is this related though? What constitutional law are they going against by not legalizing same sex marriages?

[skittles_was_here]

Ah, you mean Article 6 which does indeed state that state governments must be in compliance with the Constitution.

How is this related though? What constitutional law are they going against by not legalizing same sex marriages?

by ignoring article 4 section 1 they are also ignoring article 6 (section 1 i believe)

[workingatperfect]

by ignoring article 4 section 1 they are also ignoring article 6 (section 1 i believe)

But as I pointed out before, they're not going against the Full Faith and Credit Clause, which only says the marriages have to be recognized, which thanks to the overturning of the DMA, they now do.

I'm not saying I agree with it. Gay marriage should be legal, not just honored, but it has nothing to do with FFC.