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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

inheritance, the ability to visit your spouse while they're ill, all kinds of things, the rights over children, things like that.

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

It's extremely important, right?

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

And keep in mind that RIFMA is essentially responding to this threat from one justice on the court, right?

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

Because of that.

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

Exactly right.

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

It's the same reason as DOMA.

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

Congress is relying on the effects clause, the power given to it, under that portion of Article 4.

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

So right now, RFMA doesn't mean too much because Obergefell is the law of the land, right?

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

But if for some reason, let's hope not, the Supreme Court were to overturn that decision from 2015, I would expect that we'd see legal fights about the meaning of RFMA and whether Congress actually has the authority to have passed it in the first place.

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

So that's kind of a sneaky way that we might see the full faith and credit clause come up in some future instance.

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

And that is why full faith and credit is pretty interesting.

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

Yeah, that's exactly right.

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

And part of that is because it's pretty clear as a concept that

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

If you have something, and again, assuming that marriage is something that is one of the things called out by the full faith and credit clause that is protected by that clause, Congress should be able to say, hey, states, you recognize it in one state, then every state has to recognize the same thing.

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

You'll notice what RFMA is not doing.

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

It is not saying there is a federally protected right to marriage.

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

same-sex marriage, because it's not super clear that Congress has the ability to do that.

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

And presumably, you know, Congress and President Biden were just didn't really want to go there.

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

So they kind of took a compromise measure here with full faith and credit.

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

All right.