The Respect for Marriage Act Doesn’t Go Far Enough

Source: Garrison Center
by Thomas L Knapp

“‘Full Faith and Credit,’ Article IV, Section 1 of the US Constitution commands, ‘shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.’ The Respect for Marriage Act ‘prescribes … the Effect thereof’ …. In plain English: If you get legally married in Massachusetts, then go to Mississippi, you’re still legally married in Mississippi even if Mississippi’s government doesn’t like it. That makes sense, at least within the context of ‘marriage’ as a state-sanctioned privilege requiring a ‘license.’ It’s clearly constitutional, and its likely effect is to protect rights. But why are state governments regulating and licensing marriage in the first place?” (07/26/22)