Blogging the Amendment

Offering a Forum to Discuss the Pros and Cons of the Marshall/Newman Amendment

Want to Know Why What Happens in NJ Stays In NJ? Read This

Here’s a great comment by L.C. from a thread on Republitarian’s blog that explains why marriages in NJ and any other state do not jeopardize Virginia marriage laws:

Virginia does not need this amendment. Lawyer Jonathan Rauch says: The Full Faith and Credit clause (Article IV, Section 1) does require states to honor one another’s public acts and judgments. But in 1939 and again in 1988 the Supreme Court ruled that the clause does not compel a state “to substitute the statutes of other states for its own statutes dealing with a subject matter concerning which it is competent to legislate.” Dale Carpenter, a law professor at the University of Minnesota, notes that the Full Faith and Credit clause “has never been interpreted to mean that every state must recognize every marriage performed in every other state.” He writes, “Each state may refuse to recognize a marriage performed in another state if that marriage would violate the state’s public policy.” If Delaware, for example, decided to lower its age of consent to ten, no other state would be required to regard a ten-year-old as legally married. The public-policy exception, as it is called, is only common sense. If each state could legislate for all the rest, American-style federalism would be at an end. See http://www.theatlantic.com/doc/200404/rauch

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October 28, 2006 - Posted by | activist judges, politics of marriage

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