Consequently, in Cowen's view, if the High Court were correct in Merwin Pastoral that the full faith and credit clause prevented an Australian state court from using forum law to prevent the admission of the laws of another state on the ground of public policy, the same outcome should also be reached in the case of the second part of Phillips v Eyre inasmuch as it also gave undue preference to forum law.
In the 30-year period from 1957 (when Cowen last wrote on the subject) until 1987 only two major decisions were handed down on the impact of the full faith and credit clause on interstate choice of law: one progressive and one conservative.
balanced the exacting nature of the Full Faith and Credit Clause with
relaxed the requirements of the Full Faith and Credit Clause when it
Ake, (67) a Florida district court rejected the claim that "Congress may only regulate what effect a law may have, it may not dictate that the law has no effect at all" (68) by suggesting that "Congress' actions in adopting DOMA are exactly what the Framers envisioned when they created the Full Faith and Credit Clause.
Sack, Domestic Violence Across State Lines: The Full Faith and Credit Clause, Congressional Power, and Interstate Enforcement of Protection Orders, 98 NW.
The new, second sentence of the Full Faith and Credit Clause
A careful reading of the Full Faith and Credit Clause
reveals that the Constitution empowers Congress, not the Supreme Court, to declare the effect of one state's laws on the laws of her sister states.
The language of the Full Faith and Credit Clause
"is so sweeping as to make inevitable the existence of some exceptions to its literal command.
It concludes that section 2 of the Act should be found unconstitutional on the grounds that it exceeds Congress's power to legislate, by "general Laws," under the Full Faith and Credit Clause
and that it unduly interferes with the status of the states as independent sovereigns.
First, the historical application of the full faith and credit clause
must be assessed to determine its potential role in interstate recognition of same-sex marriages.
And an unexpected difficulty appeared: Taking the language of the Full Faith and Credit Clause
literally would lead to "the absurd result that, wherever the conflict arises, the statute of each state must be enforced in the courts of the other, but cannot be in its own.