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Federal Visions Of Private Family Support, Laura A. Rosenbury
Federal Visions Of Private Family Support, Laura A. Rosenbury
Laura A. Rosenbury
This Article offers a new perspective on the relationship between family and federalism by analyzing why the government — whether state or federal — recognizes family at all. The Article examines the current balance between state and federal authority over family by reviewing the Supreme Court’s recent decisions in Astrue v. Capato, upholding the Social Security Administration’s deference to states’ intestacy laws when distributing benefits to posthumously conceived children, and United States v. Windsor, in which the Court struck down a provision of the federal Defense of Marriage Act. Although each decision affirmed the states’ primary role in defining family …
Full Faith And Credit For Homosexual Marriage And A Resurgent Defense Of Marriage Act, Steven Specht
Full Faith And Credit For Homosexual Marriage And A Resurgent Defense Of Marriage Act, Steven Specht
Steven Specht
When the Court considered Section 3 of the Defense of Marriage Act (DOMA) in United States v. Windsor, it carefully avoided addressing Section 2 which created the ability for states to ignore the Full Faith and Credit Clause of the U.S. Constitution. Though bans on same-sex or homosexual marriage are slowly being overturned by the courts, Section 2 creates a work-around for many states to not recognize same-sex marriages from other states on grounds of public policy. Even if the Court is to strike down all state bans on same-sex marriage in an upcoming opinion, no case on Section 2 …