d states toallow interracial marriage by recognizing the claimed right as part of thefundamental constitutional right to marry, of privacy and of intimateassociation so should states be compelled now to recognize the fundamental rightof homosexuals to do the same. If Baehr ultimately leads to the legalization of same-sex marriage orbroad, marriage like domestic partnership in Hawaii, the impact of thatlegalization will be felt widely. Marriage recognition principles derived fromchoice-of-law and full-faith-and-credit rules probably would be invoked torecognize same-sex Hawaiian marriages as valid in other states. The impact ofHawaii's decision will immediately impact marriage laws in all of the UnitedStates. The full faith and credit clause of the U.S. Constitution provides thatfull faith and credit shall be given to the "public acts, records, and judicialproceedings of every other state." Marriage qualifies for recognition under each section:1) creation of marriage is "public act" because it occurs pursuant to astatutory scheme and is performed by a legally designated official, and becausea marriage is an act by the state;2) a marriage certificate is a "record" with a outlined legal effect, showingthat a marriage has been validly contracted, that the spouses meet thequalifications of the marriage statutes, and they have duly entered matrimony.Public records of lesser consequence, such as birth certificates and automobiletitles have been accorded full faith and credit;3) celebrating a marriage is a "judicial proceeding" where judges, court clerks,or justices of the peace perform the act of marriage.It would seem evident that if heterosexual couples use Article IV as asafety net and guarantee for their wedlock then that same right should be givento homosexual couples. This Article has often been cited as a reference pointfor interracial marriages in the south when those states do not want torecognize the legitimacy of that union...
