danielpalos
Diamond Member
- Banned
- #861
There is no Appeal to Ignorance of our own laws especially upon appeal to the general government:OK there are limitations to FFC. As outlined here:There are a lot of unconstitutional things going on today. That isnt an argument.I dont think so. During the Jim Crow era southern states were not forced to recognize mixed race marriages.Which would be the proper outcome. There is plenty of precedent for States having to recognize marriages that fall outside of their own requirements.
During the Jim Crow Era there were a lot of unconstitutional things going on. Plessey V. Fergueson allowed a lot of blatant ignoring of the equal protection clause.
You also have hall the differences in ages of consent, as well as first cousin marriage allowances between states, and you don't have them ignoring marriage certificates that don't meet their own requirements, they just won't issue their own unless you meet their requirements.
Obviously the differences in consent etc are not major enough for states to object to other states' standards. That would be the case here.
I don't think then content matters as much as the process. If a State uses its legislative power to change the marriage contract to include same sex couples, I can't see how another State can say "we won't recognize it" without violating the full faith and credit clause.
And I agree that a lot of unconstitutional things are going on today, however those of us who believe in strict construction can't throw it out the window (the way progressives do) when it doesn't suit us.
I would hope a Full Faith and Credit ruling in this case would also bolster cross-state CCW permitting.
Although the Court was engaged in statutory interpretation in Mills, the Court eventually characterized Mills as a constitutional decision, in the 1887 case of Chicago & Alton v. Wiggins.[13] During the following decades and centuries, the Supreme Court has recognized a "public policy exception" to both the Full Faith and Credit Clause and the accompanying federal statute. In 1939, the Court in Pacific Employers Insurance v. Industrial Accident wrote:
[T]here are some limitations upon the extent to which a state may be required by the full faith and credit clause to enforce even the judgment of another state in contravention of its own statutes or policy. See Wisconsin v. Pelican Insurance Co., 127 U.S. 265; Huntington v. Attrill, 146 U.S. 657; Finney v. Guy, 189 U.S. 335; see also Clarke v. Clarke, 178 U.S. 186; Olmsted v. Olmsted, 216 U.S. 386; Hood v. McGehee, 237 U.S. 611; cf. Gasquet v. Fenner, 247 U.S. 16. And in the case of statutes...the full faith and credit clause does not require one state to substitute for its own statute, applicable to persons and events within it, the conflicting statute of another state, even though that statute is of controlling force in the courts of the state of its enactment with respect to the same persons and events.[14]
Gay marriage would clearly fall into that. No state should be able to impose its standards on other states.
The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.