It is not automatically assumed that a marriage license is valid
across state boundaries; there is, in fact, a hot dispute about that, and my
sense is that the dominant view is that it is *not* valid across state
boundaries, even in the absense of the Defense of Marriage Act, except to
the extent that another state chooses to honor it.
Divorce *decrees* are valid, because they are court orders, and
because they purport to affect what is seen as people's status. (Marriages
are not court orders.) But a divorce decree that -- in an era when
fornication laws were still common -- says "X and Y are divorced, and shall
have the right to have sex outside of marriage" would not, I think, be
entitled to Full Faith and Credit as to the "right to have sex outside of
marriage" component; another state that enforced its fornication laws would
still be allowed to enforce them against the divorcees, notwithstanding the
court order, since a court may not license people to engage in conduct in
other states that violates the other states' laws. Likewise, licenses to
drive, practice law, practice medicine, and so on are not entitled to full
faith and credit, both because they aren't court orders, and because they
refer to conduct that people may engage in, and not just the people's
status.
Eugene
> -----Original Message-----
> From: Joe Rickershauser [mailto:[EMAIL PROTECTED]
> Sent: Monday, February 09, 2004 12:16 PM
> To: [EMAIL PROTECTED]
> Subject: Licensing
>
>
> Can anyone here explain why it is automatically assumed (via
> the Full Faith and Credit
> clause) that a License to Marry is valid out of state from
> where it is issued, but a License to Carry a firearm is
> assumed to be null at the state border?
>
> --jcr
>
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