Posted by
BrianR on Sunday, April 26, 2009 1:20:20 PM
The current flap about the confrontation between gay activist Perez Hilton (the guy thinks THAT’S clever?) and Carrie Prejean raises a couple of issues I think I’d like to address. I’ll start, though, by observing that I’m really surprised that such a picayune matter has garnered such national attention. Who’da thunk it? In my mind, this is about as newsworthy as a blurb that the real Paris Hilton was beating her little purse-puppy.
But I digress. The first issue centers on the fear expressed by those opposed to same-sex marriages – and hope expressed by gay activists – that such marriages performed in State A would have to be recognized by State B under the purview of the Full Faith and Credit Clause of the Constitution.
I think this idea is completely unfounded. Here’s the applicable Federal statute enabling the Clause: 28 USC §1738: Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the US and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.
In other words, your conviction in Ohio for Felony Murder will be recognized as such in Kansas. You may be extradited from Illinois to face the kidnapping charge in Oregon.
However, the same status does not attach to marriage licenses issued in a state, any more than it does to any OTHER license issued by a state. Some examples:
The various states have different requirements for CCW (concealed firearm) licenses -- if they issue them at all -- and don't recognize each other’s licenses unless they've entered into reciprocity agreements.
Here in Commiefornia, when you move into state you have 30 days to get a new driver’s license issued by this state, at which point your former state’s license is no longer valid, and you CAN AND WILL get a ticket for continuing to use it. Same thing with your car registration.
You have to pass the Bar exam in each state in which you want to practice law, and get a license for that state.
Your PI license is only good in your home state.
Your license as a building contractor is only good in the issuing state.
Doctors have to be certified and licensed in each state in which they want to practice.
There are probably fewer licenses that are universally recognized than there are that are state-specific. Licenses issued by the Federal Government itself, such as pilots’ licenses and medical certificates, passports, things like that, are the only universally accepted documents/licenses I can think of, though there may well be a few others.
Each state is free to deal with the issue independently. Here in Cali, Prop 8 clearly and simply states -- and amends our state constitution to reflect -- that in Cali the only marriages recognized are between one man and one woman. Which specifically means we won't recognize same-sex marriages from other states.
So, I wouldn’t worry much about same-sex marriage spreading unwillingly like the swine flu. The states will determine this issue on an individual basis, as is right and proper under the doctrine of States’ Rights.
Oh… and that OTHER issue I wanted to address?
What’s a gay guy doing judging a beauty contest for women? What’s up with THAT?