I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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Gay Marriage: Shouldn’t full faith and credit be the next battle?

Question:  What happens when a couple with a valid gay marriage sues a state like Mississippi saying it’s entitled to respect under the Constitution’s requirement of Full Faith and Credit? The clause requires all states give full faith and credit to the “public acts, records, and judicial proceedings of every other state.” Doesn’t that require giving full faith and credit to a public act or record of marriage from another state?  Doesn’t Justice Kennedy’s analysis about hostility to gays provide some secondary arguments on this one?

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