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Elizabeth Jo

๐Ÿ‘ค Speaker
430 total appearances

Appearances Over Time

Podcast Appearances

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And the basic idea with the Full Faith and Credit Clause is that the states are supposed to respect the laws, records, and court decisions of other states.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

That's the general idea.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Well, what it means in the specifics, however, is that if, for instance, you have a state court issue a judgment in your favor, let's say you win a case and the court awards you damages or money, you can ask a court in another state to enforce or respect that judgment.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Let's say if the person who owes you money now has left the state and taken their assets with them.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

The defendant doesn't get another chance to redo the case just because the dispute has essentially traveled to another state.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Got it.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

That's really what the clause is about.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Yeah.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Most of the time, though, the full faith and credit clause is mostly overlooked.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

It doesn't feel like a hot topic, right?

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

That's the way it's supposed to work in theory.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

But there are a few areas where there have been some important questions.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And actually, one of them is marriage.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So in 2015, the Supreme Court decided the case of Obergefell versus Hodges.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And that's the case in which the Supreme Court recognized a constitutionally protected right to same-sex marriage.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And so there had been a longstanding constitutionally protected right to marriage before the Obergefell case, but it wasn't until 2015 that the Supreme Court formally recognized that this right also included the LGBTQ community.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So that raises the question, well, what was life like before Obergefell?

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

It's hard to remember.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Yeah, it's hard to remember.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

But the answer is that whether or not any state recognized same-sex marriages,