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So why doesn't the Full Faith and Credit clause of the U.S. Constitution come into play here?

Section 2 of DOMA expressly released states from the requirement to recognize other states' gay marriages, but if it's struck down, "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State."

So why wouldn't marriage apply? If it doesn't, I suspect this will be the target of new legal challenges.

[ETA: Apparently Section 2 of DOMA was not struck down. Sorry about that.]




The recent ruling was on the Constitutionality of Section 3 of DOMA, not Section 2. Section 2 is, as yet, still in force.

But, IIRC, recognition of out-of-state marriages without conditions has never been required by the Full Faith and Credit Clause -- this was actually one of the arguments against Section 2 of DOMA.




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