One of the issues that arose after the Iowa Supreme Court’s decision in Varnum v. Brien, which held that Iowa’s Constitution would not permit Iowa to limit the institution of marriage to opposite-sex couples, regards how the state should treat different types of same-sex unions from other states. Some of the most interesting and important concerns center around the status Iowa will give to out-of-state civil unions and domestic partnerships, relationships that receive legal recognition but are not true marriages in their states of origin. Since federal law (the Full Faith and Credit Clause and the Federal Defense of Marriage Act) and choice-of-law principles allow Iowa to recognize out-of-state, same-sex relationships, Iowa courts and legislators must now look to statutory l...
....org/newassets/images/reports/samesexmarriage09/samesexmarriage09.pdf. . . Jason Hancock...
Supreme Court nominee Elena Kagan has a dubious history when it comes to forcing states to accept marriages that contradict their own laws. As senators prepare for her confirmation hearings, one fundamental question that needs to be asked is: Would Ms. Kagan as a high court justice try to resurrect the same discredited legal theory she embraced in 1988 as a law clerk for Supreme Court Justice Thurgood Marshall? The subject has more than theoretical importance. Left-wing advocates for homosexual "marriage" often cite a clause from Article IV of the U.S. Constitution - "Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state" - to argue that a same-sex union performed in Massachusetts must automatically be recognized, un...
... William C. Duncan, Marriage Law Foundation, and Joshua K. Baker, National Orga...Faith for Equality, Central Conference of American Rabbi... under the Equal Protection Clause. Gill v. Office. of Pers. Mgmt., 699 F. Supp. 2d ...fully to describe governing precedent. ...through the Full Faith and Credit Clause, id. at 7-9, relates solely. to section 2 o...http://www.census.gov/hhes/samesex/files/supp-table-AFF.xls (last. visited May 22, 20...
The Obama administration last week announced it no longer will defend the Defense of Marriage Act in court. That reprehensible law should be ruled unconstitutional, but the administration has an obligation to ensure it receives a vigorous defense nonetheless, though perhaps not by administration attorneys. DOMA contains two key provisions. It allows states to ignore the full faith and credit clause of the Constitution by not recognizing same-sex marriages performed in other states. It also requires the federal government not to extend any marriage benefits to same- sex, wedded couples.
Section 2 of the Defense of Marriage Act of 1996 (DOMA) should be ruled unconstitutional because it oversteps the power granted to Congress under the Full Faith and Credit Clause of the Constitution. DOMA section 2 allows individual states to refuse recognition to same-sex marriages regarded as valid in another state. This provision represents the first case in which Congress has attempted to restrict full faith and credit.
Initially, the legal strategy on behalf of same-sex marriage advocates had been to target those states with relatively liberal supreme courts and constitutions that were difficult to amend. That way, if the court determined that banning same-sex marriage was unconstitutional, thereby protecting the minority, the majority of citizens couldn't just hold a referendum to undo what the court had done, as was recently the case in California. In 1998, Vermont fit the bill. But despite [Beth Robinson]'s brilliant argument, and a half-hearted defense of heterosexual marriage by the attorney general's office, the Vermont Supreme Court was only willing to take a baby step: it threw the issue back to the legislature to decide whether marriage or some other legal classification would satisfy the com...
... would satisfy the common-benefits clause. Rather than resist the court's decision by trying... not be enough to convince judges that samesex marriage was constitutionally required. Proponents... despite the requirement that states give full faith and credit to marriages performed in other s...
Introduction: Art, Partner Adoption, and the Right to a Child . II. Comparative Law of Art and Lesbigay Adoption . A. American Law of ART and Lesbigay Adoption in a Nutshell. B. What Does the Rest of the World Say?. 1. Europe and Canada. 2. South America . 3. Muslim Nations. 4. Asian and Pacific Nations. 5. Africa. C. Public Opinion Behind the Varied Legal Policies. III. Three Policy Values Implicated by the Regulation of Art and Lesbigay Adoption . A. Two Fundamental Policy Values That Distinguish the United States from Most Other Nations: Individualism and Innovation. B. One Fundamental Policy Value That Should Remain Constant Across Cultures: Priority for Protection of Children . IV. Conclusion: Regulating Art and Partner Adoption to Protect the Well-Being of Children .Appendix I...
... assumptions about the law that do not fully apply to-or that even mischaracterize-the issue as... produce desired children of or for the marriage. The other category involved the use of ART by unm... The federal PKPA denies interstate full faith and credit recognition to custody decrees obtained... States Under the Full Faith and Credit Clause Despite Anti-Marriage Statutes that Discriminate A...2007), http://www.ncsl.org/programs/cyf/ samesex.htm. See generally Lynn D. Wardle, State Marriage ...
... for and the opposition to same-sex marriage. The most frequent and successful legislation guar... preemption under the insurance saving's clause." (28) Additionally, a change in the definition of...: 1) States are not required to give full faith and credit to judgments and acts of other st...
The law, to protect vulnerable women workers, requires "equal pay for equal work." But if the work is not "equal" in terms of skills, responsibility, and so on, the employer can pay male-dominated skills more than he pays female-dominated skills. Thus, a Denver Hospital paid its groundskeepers (male) more than it paid its nurses (women). The nurses asked the hospital to measure the worth of the job and set the wages accordingly. Thus developed the concept of "comparable worth." In 1984, a judge in Washington ordered the state to adopt a "comparable worth" program, and the state appealed. Three Republican congresswomen wrote the White House urging that the government not support the appeal. The correspondence was turned over to [John G. Roberts], and he wrote counsel [Fred Fielding] that...
... bet in cases about abortion, same-sex marriage and public support for religion. We do know about ... implications of same-sex marriage under the Full Faith and Credit Clause of the Constitution (does ...
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