Under what circumstances can a state deny full faith and credit to a law, a public record, or the outcome of a court case in another state?
Asked by: Nico Fisher | Last update: January 27, 2026Score: 4.9/5 (52 votes)
A State can deny full faith and credit to a law, a public record, or the outcome of a court case in another State if it is a criminal matter or to certain divorces granted by one state to residents of another state.
What are the two exceptions to the Full Faith and Credit Clause?
The two exceptions to the Full Faith and Credit Clause are cases involving penal law and cases involving one state issuing a ruling concerning the laws of another state; for example, a divorce proceeding regarding someone who is not a resident of the state where the order was issued.
What must a state do under full faith and credit?
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. U.S. Const. art.
Is there a public policy exception to the Full Faith and Credit Clause?
The Court's statement that there is “no roving 'public policy exception' to the full faith and credit due judgments” while recognizing the exception “in determining the law applicable to a controversy,” reinforces that the Clause applies with most force to final civil judgments, and less so otherwise.
What difficulties might result if each state were not required to give full faith and credit to the public acts, records, and judicial proceedings of other states?
If states were not required to give full faith and credit to other states' acts and records, it could lead to conflicting laws, inefficient court decisions, and complicated legal processes. This would create confusion and potential injustices, especially for individuals and businesses operating across state lines.
What Happens When State Laws Conflict Under The Full Faith And Credit Clause? - The Right Politics
What is the full faith and credit?
Full faith and credit is the requirement, derived from Article IV, Section I of the Constitution, that state courts respect the laws and judgments of courts from other states. This clause attempts to prevent conflict among states and ensure the dependability of judgments across the country.
What are two examples of records that a state must recognize under the Full Faith and Credit Clause?
Full Faith and Credit Clause Information
The clause applies to judgments, court orders, legislative acts, and official records from one state to be recognized in other states. For example, a court judgment for debt, divorce decree, or child support order issued in one state must be enforced in other states.
What are some limits of the Full Faith and Credit Clause?
Similarly, states do not have to enforce judgments that violate their own legal standards. Another limitation of the Full Faith and Credit Clause is that it does not apply to criminal matters in the same way that it does to civil matters.
What act allowed an exception to the Full Faith and Credit Clause and provided a definition of marriage according to federal law?
The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton on September 21, 1996.
What are the exceptions to the clause?
An exceptions clause is a provision in the U.S. Constitution that allows Congress to set limitations on the appellate jurisdiction of the Supreme Court. Specifically, it pertains to cases involving ambassadors, public ministers, consuls, and states, where the Supreme Court has original jurisdiction.
Under what circumstances can a state deny another state full faith and credit?
A State can deny full faith and credit to a law, a public record, or the outcome of a court case in another State if it is a criminal matter or to certain divorces granted by one state to residents of another state.
What are the limitations of the clause?
A limitation clause enables constitutional rights to be partially limited, to a specified extent and for certain limited and democratically justifiable purposes, while prohibiting restrictions that are harmful to democracy by reason on their purpose, nature or extent.
What is the Article 4 Section 3 Clause 2 of the Constitution?
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
What is the penal exception to full faith and credit?
S.B. 8 is therefore a penal law that, under what is called the penal judgment exception, is not due full faith and credit under the Constitution. The penal judgment exception applies when the judgment does not satisfy a private right and punishes an offense against the state.
What is the Article 1 Section 2 Clause 3 of the Constitution?
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, ...
Do states have to follow federal laws?
Within the Supremacy Clause is the doctrine of “preemption” which states that in many (but not all) cases of conflicting laws, federal supersedes state law.
Can the Supreme Court overturn the respect for marriage act?
Only the Supreme Court can reverse it, and there is currently no case before the Court seeking to do so. The Court denied certiorari in a discredited petition that sought to overturn this landmark victory in Nov. 2025. Proposals in states like Idaho and Texas cannot override this constitutional right.
Do states have to recognize marriages from other states?
A marriage in one state is legally recognized in all states. The Full Faith and Credit Clause of the U.S. Constitution requires states to give full faith and credit to marriage laws of other states. If you get married in one state, all other states must honor your marriage.
What is the full faith and credit law?
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
What is article 1 section 9 clause 7 of the Constitution?
Article I, Section 9, Clause 7 of the United States Constitution states: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
What is the Article 5 of the Constitution?
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as ...
What does article 4 section 4 of the Constitution say?
Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
What are two things that the Full Faith and Credit Clause requires of all states?
States also cooperate to manage shared resources and border areas. The States of Utah, Arizona, Colorado, and New Mexico meet at the "Four Corners." The Full Faith and Credit Clause of the Constitution requires each State to honor and enforce the laws, official documents, and court rulings of other States.
What is the required records doctrine?
The required records doctrine is a legal principle stating that the right against self-incrimination does not protect business records that are mandated by government regulations. These records are typically kept for public purposes and are essential for regulatory oversight.
What are the two types of records permanent and?
Records schedules describe the types of information created, received, and stored by your agency. Most schedules include temporary records, which are ultimately deleted, and permanent records, which ultimately become part of the National Archives.