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Elizabeth Jo

๐Ÿ‘ค Speaker
486 total appearances

Appearances Over Time

Podcast Appearances

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,

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

whether the marriage occurred within the state or without the state was often up to question and left up to individual states.

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

So some states, if you recall these before times, some states recognize same-sex marriage, but other states didn't.

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

And in fact, they went further and either passed laws or changed even their state constitutions to say that marriage was only between a man and a woman within that state.

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

But of course, at the same time, there was a growing movement for marriage equality to recognize that same-sex couples had rights to marriage.