The Original Understanding of the Full Faith and Credit Clause and the Defense of Marriage Act

Abstract

This article is about the Full Faith and Credit Clause how the Defense of Marriage Act (DOMA) affects the clause. The article reexamines the original understanding of the clause in the hope of casting some light on the current debate over the scope of the first and second sentences of the Clause as applied to issues of marriage recognition. The article then identifies arguments of commentators who take opposing interpretations of the clause and discusses why each of those arguments is flawed.

Keywords: Civil Procedure, Constitutional Law, Full Faith and Credit Clause, Defense of Marriage Act