In his debate with Dick Cheney, John Edwards, in discussiing the anti-gay-marriage amendment, said that in all of American history no state has ever had to recognize a marriage contracted in another state. Is that true? For instance, when the Southern states had laws against interracial marriage, were they free to treat any interracial married couple from another state as not married in the eyes of the law? I thought the Constitutional clause about every state giving “full faith and credit” to every other state’s legal proceedings, etc., had some relevance here.
Nope. They don’t. Give me a second to dig up the Supreme Court case that dealt with that, but in effect, a state doesn’t have to recognise a marriage in another state if they don’t want to. The case involved “residency” requirements, so I don’t know if there is room for legal gymnastics.
silenus I think you have it backwards. I believe states are required to recognize marriages performed in other states unless the marriage violates the public policy of that state.
An earlier thread on the same subject, with some good links.
Short answer: While the Full Faith & Credit Clause and principles of comity generally mean that a state will recognize marriages performed in another state, if the marriages in question are antithetical to the public policy of the target state, the target state is not required to recognize them.
–Cliffy