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

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