Riflessioni sulla circolazione interna della giurisprudenza statunitense: la Full Faith and Credit clause della Costituzione federale

As Justice Jackson described it in 1945, the Full Faith and Credit Clause is “relatively a neglected one in legal literature”. The Defense of Marriage Act of 1996 (DOMA), however, has generated new interest in the Full Faith and Credit Clause. Whereas the Clause requires States to give full faith and credit to the acts, records, and judicial proceedings of other States, DOMA permits states to deny full faith and credit to acts, records, and judicial proceedings that recognize same-sex marriages. DOMA is a novel use of Congress’ power under the Full Faith and Credit Clause: for the first time in history, Congress has exempted one category of State acts, records, and judicial proceedings from the constitutional imperative that full faith and credit “shall” be given.