Question

While recognition of same-sex marriages slowly spread throughout the country, several states refused to recognize same-sex marriage in other states. This potentially violates which clause of the Constitution?

Answer 1

The refusal to recognize same-sex marriages from other states potentially violates the Full Faith and Credit Clause of the U.S. Constitution. DOMA once permitted states to refuse recognition, but the Obergefell v. Hodges ruling ensured marriage recognition nationwide under the Fourteenth Amendment.

Step-by-step explanation:

The refusal of several states to recognize same-sex marriages from other states potentially violates the Full Faith and Credit Clause of the Constitution. This clause, found in Article IV, Section 1, requires states to respect the public acts, records, and judicial proceedings of every other state. However, the Defense of Marriage Act (DOMA) of 1996 allowed states to refuse to recognize same-sex marriages from other states, challenging this constitutional clause.

Furthermore, the Supreme Court's landmark decision in Obergefell v. Hodges, which was handed down in 2015, concluded that the refusal to recognize same-sex marriages was unconstitutional. This ruling was based on the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment, thereby ensuring that same-sex couples had the right to marry and that their marriages would be recognized across all states.