Horizontal Federalism Includes The Agreement Of Extradition Between States

In recent years, the most controversial applications of Full Faith and Credit Clause have been family law. Each state has slightly different laws on marriage and marriages themselves are generally not treated as judgments that have national effect. Until recently, same-sex marriages contracted in one state were not always recognized elsewhere. Congress attempted to use its power under the clause to slow down the recognition of same-sex marriages, by implementing the Defense of Marriage Act – 1 U.S.C§ 7; 28 U.S.C§ 1738C , but this was rendered obsolete by the Supreme Court`s decision in Obergefell v. Hodges (2015). Other marriages are still treated differently in different states that have conflicting rules for marriages by young people or between close relatives. The first part of the clause, largely borrowed from the articles of Confederation, requires every state to watch over the statutes, public registrations and judicial decisions of other states. The second sentence allows Congress to decide how these materials can be proven in court and what impact they will have. The current implementing law, 28 U.S.C§ 1738, explains that these materials should receive in each state “the same total faith and recognition” as they have in the state “from which they are taken.” These kinds of problems are best decided for Congress.

Comments are closed.