[quote="didymus, post:11, topic:346751"]
Like it or not I don't see how states without gay marriage can avoid recognizing marriages entered into in other States:
One solution might be to let the Mississippi courts to allow the divorce to proceed under California law.
Pages 8 and 9 of CRS report for Congress
DOMA opponents take the position that the Full Faith and Credit Clause would obligate States to recognize same-sex marriages contracted in States in which they are authorized. This conclusion is far from evident as this clause applies principally to the interstate recognition and enforcement of judgments. 31 It is settled law that final judgments are entitled to full faith and credit, regardless of other states’ public policies, provided the issuing state had jurisdiction over the parties and the subject matter. 32 The Full Faith and Credit Clause has rarely been used by courts to validate marriages because marriages are not “legal judgments.”
As such, questions concerning the validity of an out-of-state marriage are generally resolved without reference to the Full Faith and Credit Clause. In the legal sense, marriage is a “civil contract” created by the States which establishes certain duties and confers certain benefits.33 Validly entering the contract creates the marital status; the duties and benefits attached by a State are incidents of that status. As such, the general tendency, based on comity rather than on compulsion under the Full Faith and Credit Clause, is to recognize marriages contracted in other States even if they could not have been celebrated in the recognizing State.
The general rule of validation for marriage is to look to the law of the place where the marriage was celebrated. A marriage satisfying the contracting State’s requirements will usually be held valid everywhere.34 Many States provide by statute that a marriage that is valid where contracted is valid within the State. This “place of celebration” rule is then subject to a number of exceptions, most of which are narrowly construed. The most common exception to the “place of celebration” rule is for marriages deemed contrary to the forum’s strong public policy. Several States, such as Connecticut,35 Idaho,36 Illinois,37 Kansas,38 Missouri,39 Pennsylvania,40 South Carolina,41 and Tennessee42 provide an exception to this general rule by declaring out-of-state marriages void if against the State’s public policy or if entered into with the intent to evade the law of the State. This exception applies only where another State’s law violates “some fundamental principle of justice, some prevalent conception of good morals, some deep-rooted tradition of the common weal.”43
Full faith and credit clause does not mandate gay marriage:rolleyes::o:mad: