Imagine that you’re a resident of, say, Massachusetts, and you decide to bring your spouse down to D.C. for a long weekend of visiting monuments and museums. Now imagine that when you get to D.C., you’re suddenly no longer married, because D.C. refuses to recognize your Massachusetts marriage. Just like that, you’ve lost all the legal protections that being married brings. Heaven forbid that while you’re here visiting, your spouse is hit by a Tourmobile and seriously injured. She’s rushed to a D.C. hospital, where she’s placed in intensive care. And then you find out that only spouses and other immediate family members are permitted to visit patients in the ICU, so you are denied access to your loved one at this moment of great need.
Or imagine that you and your spouse have moved to D.C. from Massachusetts so that you can take a job with a K Street lobbying firm. When you try to enroll your spouse in your employer’s health insurance plan, you’re denied spousal coverage because your marriage isn’t recognized in D.C.
Sound farfetched? Hardly.
Until last week’s unanimous vote by the D.C. Council paved the way for D.C. to recognize the marriages of same-sex couples lawfully entered into in other jurisdictions, suddenly becoming “unmarried” when stepping across the borders into D.C. was a harsh reality for same-sex couples who have been legally married elsewhere. Is this any way to run a country?
We don’t think the Framers of our Constitution thought so. Article IV, Section 1 of the Constitution requires that:
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other state.
While some commentators believe that interstate marriage recognition may be less a function of constitutionally-mandated “full faith and credit” than of principles of “comity” or “choice of law,” the decision of the D.C. Council is certainly consistent with the nation-unifying policy that animates the Full Faith and Credit Clause.
Under our system of federalism, the states have agreed to give up some of their own sovereignty in order to form a single, unified nation. This result is, in part, effectuated by the Full Faith and Credit Clause. As the Supreme Court has stated, “The very purpose of the full faith and credit clause was to alter the status of the several states as independent foreign sovereignties, each free to ignore obligations created under the laws or by the judicial proceedings of the others, and to make them integral parts of a single nation . . . “ As Justice William O. Douglas put it, the Constitution “in no small measure brings separate sovereign states into an integrated whole through the medium of the Full Faith and Credit Clause.”
Under the principles that undergird the Full Faith and Credit Clause, couples who are legally married in one state have every right to expect their relationship to be recognized everywhere else in this country. The D.C. Council is to be applauded for ending the game of “now you’re married, now you’re not,” and for doing its part to ensure that same-sex couples legally married elsewhere can expect to have their marriages recognized in our nation’s capital, whether they move here or, like so many thousands of others this time of year, are just visiting to enjoy the Cherry Blossoms.
Originally posted at Text & History. Hannah McCrea is proud to work for the Constitutional Accountability Center (CAC), a law firm and think tank dedicated to demonstrating how the Constitution upholds progressive outcomes.



2 Comments




So, when Barack Obama says he thinks this is a matter for the states, does that mean he’ll tell Nancy Pelosi to keep meddlesome interference in the DC Council’s plan off the House floor? And will Harry Reid do the same in the Senate?
Because the only pathway into meddling in DC Council-passed laws is through the power of the purse, and recognizing marriages performed elsewhere doesn’t cost the District of Columbia anything. Therefore, there’s no way to meddle.
I’ve lived in Maryland since 1961. I’ve been watching DC politics for the last 35 years. I’m always appalled at the way the (mostly Republican) Congressional oversight panel has ignored the wishes of the residents.
The residents of the District of Columbia deserve a voting member in the House of Representatives. This was a “done deal” until the minority party tied it up with the 2nd Ammendment. Does anyone else see the irony in denying 600,000 people one representative in Congress (which is probably not constitutional) with the rights of those same 600,000 people the right to vote for their own responsible gun laws?
Full disclosure – I’m a lifelong Democrat who owns guns. That said, I fully believe in the right of local jurisdictions to pass their own laws regarding both guns and same sex unions. As I said, I live in Maryland…which ain’t exactly the capitol of freedom, in spite of the state motto…
DC has been denied both rights, in many ways…which brings us to the vote on recognizing same sex unions legally approved by other states. Once again, Congress will find a way to override the vote of the DC Council, which means that a majority of Democrats (who seem to favor such a civil law) will once again be over ridden by the minority.
Taxation without representation – it’s not just a slogan on a tag, it’s a fact. When will the District of Columbia – the Capitol of our Great Nation – get to vote on their own destiny and make it stick???
And when will the Democrats finally admit “WE WON, DAMMIT. ELECTIONS HAVE CONSEQUENCES!!”