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Arkansas And The War Between The States: Civil Unions And Same Sex Marriage, Chauncey Brummer

Chauncey Brummer

The same-sex marriage debate raises issues of Federalism similar to those of the abolition of slavery during the American Civil War. Different policies between states regarding same-sex marriages have caused confusion over the validity of a couple’s union rights when traveling interstate. Arkansas not only bars same-sex marriage, but also constitutionally forbids any legal status between same-sex couples. The Full Faith and Credit Clause guarantees interstate recognition of state court cases, but not legislation. Any rights a couple may have under one state may not be treated similarly in others. Federal legislation that binds the states on social policy invites …