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- Title
Federal Visions of Private Family Support.
- Authors
Rosenbury, Laura A.
- Abstract
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 status, developments before and after Capato and Windsor reveal that federal agencies and courts are increasingly promulgating federal definitions of family. In particular, federal courts have rejected many states' definitions of marriage post-Windsor. This Article argues that these developments are not motivated by a rejection of federalism or the diversity and pluralism that is thought to flow therefrom. Instead, federalism remains an important value so long as it does not displace the underlying reason for legal recognition of family: the encouragement of private family support.
- Subjects
UNITED States; FEDERAL government of the United States; ASTRUE v. Capato (Supreme Court case); FAMILY services; UNITED States. Social Security Administration; UNITED States. Defense of Marriage Act; PLURALISM; INHERITANCE &; succession
- Publication
Vanderbilt Law Review, 2014, Vol 67, Issue 6, p1835
- ISSN
0042-2533
- Publication type
Article