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Gebhardt, Shawn

Litigation

October 2009

Full Faith and Credit for Status Records: A Reconsideration of Gardiner

Shawn J. Gebhardt

Reprinted with permission from the California Law Review.

The Full Faith and Credit Clause of the United States Constitution (the “Clause”) has received a good deal of attention in recent years. While the brunt of public, media, and academic attention has focused on the role of the Full Faith and Credit Clause as it applies to the interstate recognition of same-sex marriages, the fundamental question of how much deference must be accorded to records remains largely unaddressed.

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