If one state allows gay marriage, then don't they all?

[Massacure]

Article 4, Section 1 of the U.S. Constitution states:

Full Faith and Credit 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.

What would happen if a two men or two women from California got married and purposely moved to a state like Texas so they could purposely sue on grounds of Article 4, Section 1?

[jberryhill]

1. Did you read the second sentence

Section 2 of DOMA remains intact. Section 2 purports to use what you just quoted:

"And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."

in order to say that states do not have to give effect to same sex marriages in other states.

[Warpy]

2. Not until they're ordered to recognize legal marriages

that have been performed in other states. You can bet the good folks in Dixie will flatly refuse to do that until and unless forced to by the USSC of the future.

[Mr.Bill]

3. Is there currently any state

that does not recognize a heterosexual marriage that was performed in another state? (I think not) California recognizes my marriage that was performed in Nevada, and they would do the same with a divorce. Hasn't some sort of precedent been set? I'm sure someone will challenge it on these terms.

[customerserviceguy]

4. You've got it

We're one court challenge away from a FF&C recognition of equal marriage among all fifty states. I expect a SCOTUS decision on that within the next three years. In the meantime, it would be good if another quarter of the states would just see the light on marriage equality, and an additional quarter take the half-step of domestic partnership/civil union.

Then the SCOTUS only has to deal with about a dozen knuckle-dragging states that still cling to the literality of their ancient books.

[hack89]

6. Until Loving v. Virginia in 1967 many states did not recognize interracial marriages

Only 10 states have never passed anti-miscegenation laws since America's founding.

[JayhawkSD]

5. Congress MAY prescribe, not SHALL prescribe

States are required by this clause to acknowledge marriages performed in other states, and they did so until DOMA was passed, at which point some states passed laws decling to acknowledging gay marriages performed in other states because Section 3 of DOMA says that states are only required to honor marriages that are "between one man and one woman." customerservice guy is right: a challenge to the remaining portion of DOMA will rid us of that, because it is blatantly unconstitutional.

A federal claw could order gay marriage legal or illegal, the latter of which would likely be overturned, but it cannot permit one state to disregard the "public Acts, Records, and judicial Proceedings" of another state.