Federalism and Full Faith and Credit: Must States Recognize Out-of-State Same-Sex Marriages?

Abstract

As Hawaii considers recognizing same-sex marriages, other states have started to ask whether, under the full faith and credit clause of Article IV of the U.S. Constitution, they could be compelled to recognize those marriages solemnized in Hawaii. Under Article IV the Congress could legislate on the issue and provide further guidance to states. Federal courts could intervene, and offer interpretations of the full faith and credit clause as it applies to same-sex marriages. Given the current political climate, however, it is unlikely that this issue will be resolved, at least initially, by the federal government. Instead, the issue is likely to be decided in state courts and legislatures, with the essential question being whether a sufficient state public policy exists to exempt the state from the otherwise mandatory requirements of the full faith and credit clause.