1-005-1) (6 pages) (plaintiffs appeal from a judgment dismissing his amended complaint against the town of Hanover; plaintiffs contention that his complaint sufficiently alleged violations of: (1) articles 4 and 29 of the Declaration of Rights of the Massachusetts Constitution (Declaration of Rights); (2) the full faith and credit clause
, United States Constitution Art.
However, the Fazzini court found that Florida public policy subordinates grandparent visitation rights to the superior rights of a parent: "[U]pon the foreign judgment being domesticated, it does not follow that this particular order was not subject to modification after being given full faith and credit." (30) Given that grandparents "have virtually no rights" in our state "because of the privacy right's protection enshrined in our state constitution," Florida's public policy was an exception to the full faith and credit clause
408 (1955), that under the Full Faith and Credit Clause
, while a state is not required to replace its own statute with the statute of another state reflecting a conflicting and opposed policy, a state's refusal to apply another state's statute cannot embody a policy of hostility to the public acts (which include the statutes) of the other state.
Cowen also shows how the full faith and credit clause
was ignored in other Australian decisions in circumstances where it was arguably relevant.
The Full Faith and Credit Clause
, Its Limitations, and Its
He examines the Federal Defense of Marriage Act and the implications of it being struck down or repealed; the Full Faith and Credit Clause
and parental rights; the rights to privacy, travel, and to marry; equal protection; and the issue of exemptions for public officials who have religious objections to dealing with LGBT families.
The reason that the Court has not yet had to directly address the contours of Congress's power under the Full Faith and Credit Clause
is that Congress passed legislation in 1790 (51) establishing that the judgments issued in one state would have "such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from whence the said records are or shall be taken." (52) Often, when discussing the demands imposed by the Full Faith and Credit Clause
, the Court considers the constitutional and statutory text in tandem, and does not distinguish between the demands imposed by the Constitution and the demands imposed by the congressional statute.
(Rosen also mentions the Full Faith and Credit Clause
, but full faith and credit concerns could easily be incorporated into any unified extraterritoriality standard, just as they are nominally (if perhaps unsatisfactorily) taken into account in the Hague regime.
The Full Faith and Credit Clause
of our Federal Constitution, after
They argued, inter alia, that DOMA exceeded congressional power under the Full Faith and Credit clause
. The court disagreed and dismissed their case.
Silberman, an expert in interjurisdictional legal conflicts, believes policies like Oklahoma's may violate the Constitution's 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." "If you're talking about one state applying another state's law," Silberman explains, "there's a public policy exception.
In the press, on talk radio, and on television, self-styled conservatives and liberals alike are warning Americans that the forced recognition of homosexual "marriage" is inevitable because of the requirements of the Full Faith and Credit Clause
of the Constitution.