Same-Sex Unions
in the
Conflict of Laws
   

If there is one thing that the people are entitled to expect from their lawmakers, it is rules of law that will enable individuals to tell whether they are married and, if so, to whom.

U.S. Supreme Court Justice Robert H. Jackson (1948)

 
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United States
Full Faith and Credit Statute

 

But see
Defense of Marriage Act—state power provision
 

 
 


United States Code

TITLE 28. JUDICIARY AND JUDICIAL PROCEDURE

Part V—Procedure

Chapter 115. Evidence; Documentary

§ 1738. State and Territorial statutes and judicial proceedings; full faith and credit

     The Acts of the legislature of any State, Territory, or Possession of the United States, or copies thereof, shall be authenticated by affixing the seal of such State, Territory or Possession thereto.

     The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United States and its Territories and Possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form.

     Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States 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.

Source: Act of June 25, 1948, c. 646, 62 Stat. 947.

Citation: 28 U.S.C. § 1738.

© 2007 by Stephen Clark