Abstract

This book is a descriptive overview of the history of congressional statutes and federal and state court decisions on the U.S. Constitution’s full-faith-and-credit clause and privileges-and-immunities clause. The former clause, which applies only to civil matters, states: Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof (U.S. Constitution, Article IV, Section 1). Congress clarified the full-faith-and-credit clause in statutes enacted in 1790, 1804, 1948, 1980, 1994, 1996, 2000, and 2005. The first three statutes were technical; the last five clarifications dealt with recognition of child-custody orders in parental kidnapping cases, protection-from-abuse orders, and child support; states’ rights not to recognize out-of-state same-sex marriages; recognition of parental visitation orders; enforcement of protection orders; and confidentiality of protection orders. In short, four of the five post-1948 clarifications concern marriage and family matters arising from increased divorce rates and recognition of domestic violence.

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