Word up, Full Faith and Credit Clause!

Massachusetts has thrown down another curveball in the debate on gay marriage. Their House today voted to repeal a 1913 law that had been used to block out of state same sex couples from coming to Massachusetts to get married. Governor Deval Patrick has indicated that he supports the repeal and, again, as expected, opponents are horrified and proponents are thrilled.

I myself am extremely happy about this- for a start, the whole issue of DOMA or gay marriage bans I think, should be thrown out the window from a legal point of view simply because such bans fly in the face of the Full Faith and Credit Clause. (Which says:)

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.

In other words, if one state makes a law, then every other state has to recognize and respect that law. The repeal of the Massachusetts law doesn't exactly do that, but it opens the door for challenges based on the FFnC Clause, because if out of state same sex couples have their marriages recognized in Massachusetts but not at home, that's just asking for tons more litigation to come out of the woodwork.

I think this is another step towards something major- probably about ten years down the road or so, given how slow the judicial process can be sometimes, but I'd imagine, if the California Supreme Court Decision stays in place then at some point, a direct challenge to DOMA (Defense of Marriage Act) will land in front of the Supreme Court. And then the fur will really fly, so to speak.

But this is a good step. Kudos to marriage equality.