| “A More Perfect Union”: la famiglia nell’esperienza giuridica statunitense |
| Fascicolo 2010-2 |
| Scritto da Fabiano Laura |
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Sommario 1. Premessa. – 2. Il “right to marry” nella giurisprudenza federale. – 3. Il same sex marriage nella giurisprudenza statale. – 4. La tutela antidiscriminatoria nei confronti dei figli illegittimi ed il same sex marria- ge. – 5. La Full faith and credit clause e la disciplina sul divorzio.
Abstract Over the past generation, family law in the United States has changed enormously, as the institution of the family itself. In the United States, a significant shift in the location of political and legal authority over family life has accompanied the transformation of family law. Until recently, family law was considered as the province of state governments. In the tradition of dual federalism, states were sovereign in this area, and the national government played a rela- tively minor role. Over the past thirty years, however, this aspect of the American federalist tradition has been transformed. Family law in the United States today is a complex mixture of state and federal law. |