Question about gay marriage and Full Faith and Credit clause of the Constitution.

[hiaasenrocks]

If a state legalizes gay marriage, wouldn't it be unconstitutional for the other 49 states to not recognize the legal status of that marriage? And if my assumption is correct, is there any talk of taking this matter to the courts on these grounds?

This is not an issue I pay attention to very much, and I'm just trying to clear up some questions I have about it. Thanks.

[Manifestor_of_Light]

1. You're right.

That's what happens when a gay couple that is married moves to a state that does not recognize gay marriage. Then the new state freaks out. who knows what happens next. We know what SHOULD happen next, as the Constitution says.

[Maven]

2. No--that's the point of DOMA.

The phobes anticipated this argument--DOMA's very purpose is to remove marriage laws from the reach of FF&C. The final word on its constitutionality hasn't been established yet, since the Supreme Court hasn't decided a case challenging the law. But various federal circuits have upheld it on appeal, deciding cases exactly like the one you propose.

You can thank the right for that, and of course, Bill Clinton.