One of the States’ obligation to one another is the “full faith and credit” clause which is in Article IV of the Constitution. This has caused quite a problem when it comes to marriage. If a heterosexual couple is married in one state they are married in all states but what about homosexual couples. More and more states are making their own laws about who can be married. In fact because of these state laws, Congress in 1996 passed the Defense of Marriage Act which declared that states did not have to recognize same-sex marriages even if it was legal in other states. Which should take precedence the Constitution or laws of Congress?
My belief is the constitution should take precedence when it comes to the issue of same sex marriages. There is no distinction when it comes to heterosexual marriages as far as age (as long as the legal age requirement is met), race, or religion. Therefore why is there a distinction when it comes to sex? Congress had no right to pass the Defense of Marriage act. This is another example of over-reach into our personal lives by the federal government. The full faith and credit clause was/is enough to clarify whether states have to honor any legal marriage. If a same-sex couple is legally married in one state, their marriage should be legal in all states.
Let me know what you think about this topic and my opinion on it.