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Thursday, July 15, 2004

Full Faith and Credit 

by Mathew
After the Federal Marriage Amendment failed to gather enough support to put it to a vote, Senator Hatch had the following to say:

"If Massachusetts starts honoring gay marriage, that means a state like my home state that doesn't want to have gay marriage has to honor them," said Hatch. "Virtually every constitutional authority I know of thinks the full faith and credit clause [in the Constitution] will require recognition of gay marriages."

I'm not sure that this "spooky" view of the full faith and credit clause is so widerly held as Hatch says he believes. (That's right--I don't think he really believes it.) Yale law professor Lea Brilmayer certainly doesn't think so--her views on the matter can be found in a March 9 op-ed piece that originally ran in the Wall Street Journal. You can read it here.

The National Review has a nifty piece that responds to Professor Brilmayer here.

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