Issue: WHETHER THE FULL FAITH AND CREDIT CLAUSE WOULD BE VIOLATED IF WISCONSIN ATTEMPTED TO IMPOSE ITS STATUTORY REQUIREMENTS UPON THE MARRIAGE OF A FOREIGN NATIONAL THAT TOOK PLACE IN TEXAS.
| Area of Law: | Constitutional Law, Family Law |
| Keywords: | Full Faith and Credit Clause; Marriage of a foreign national |
| Jurisdiction: | Federal, Texas, Wisconsin |
| Cited Cases: | 292 U.S. 216; 33 N.W.2d 248; 306 U.S. 493; 334 U.S. 343 |
| Cited Statutes: | 28 U.S.C. § 1738; The United States Constitution, Art. IV, § 1; Wis. Stat. § 765.03(2), § 765.04(1); |
| Date: | 01/01/2001 |
The TA s "United States Constitution, Art. IV, § 1" c 1 l "United States Constitution, Art. IV, § 1"United States Constitution, Art. IV, § 1, provides:
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.
Congress has implemented the full faith and credit clause, providing for the authentication of state statutes and judgments in 28 U.S.C. § 1738. And it is settled that because of the full faith and credit clause, a decree of divorce entered by a state court with jurisdiction over both parties is not subject to collateral attack in another state. See TA s "Sherrer v. Sherrer, 334 U.S. 343, 68 S.Ct. 1087, 92" c 2 l "Sherrer v. Sherrer, 334 U.S. 343, 68 S.Ct.1087, 92 L.Ed.1429 (1948)"Sherrer v. Sherrer, 334 U.S. 343, 68 S.Ct.1087, 92 L.Ed. 1429 (1948). Finally, under the full faith and credit clause, one state may not legislate for another or project its laws across state lines. See TA s "Pacific Employers Ins. Co. v. Industrial Accident Com" c 2 l "Pacific Employers Ins. Co. v. Industrial Accident Comm’n, 306 U.S. 493, 59 S.Ct. 629, 83 L.Ed. 940 (1939)"Pacific Employers Ins. Co. v. Industrial Accident Comm’n, 306 U.S. 493, 502, 59 S.Ct. 629, 633, 83 L.Ed. 940 (1939).