What is the full faith & credit law?

The full faith and credit law ensures the validity of judicial acts across state lines.

Full faith and credit is a legal principle that holds that judges and other legal authorities of each state recognize the validity of other states' judgments and proceedings. The U.S. Constitution established this principle.

Identification

Article IV, Section 1 of the U.S. Constitution requires that each state give full faith and credit to the "public Acts, Records and judicial Proceedings of every other State."

History

In drafting this clause, the authors of the Constitution sought to unify the new republic, while at the same time recognize the authority of the individual states.

Effects

This clause requires judges to enforce judgments issued by other states. For example, someone could not escape a judgment from one state by moving to another because the court in the first state could ask the second state to enforce it.

Benefits

Full faith and credit is often invoked to recognize the validity of a marriage, regardless of the state in which it is performed. Full faith and credit also covers protective orders involving domestic violence.

Controversy

In 1996, Congress passed the Defense of Marriage Act, which said that states were not required to recognize same-sex marriages performed in other states. Some states feared that the full faith and credit principle would require them to do so.

References

• Cornell University Law School

Resources

• Full Faith and Credit for Protective Orders