Ameriška ustavnosodna praksa v zvezi z "družinskimi" in "zakonskimi" vprašanji ter massachusetski primer Goodridge : prokreacija in heteroseksualnost nista nujna elementa zakonske zveze

slovenian

2004

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The author presents historical developments in US Supreme Court decisions on family relations and the right to marry. In that regard, the author puts special emphasis on the key reasoning in those decisions, and the most interesting dissenting opinions. In these cases, the US Supreme Court has put the Fourteenth amendment or the right to privacy and the due process clause at the centre of its judgments. In the second part of the article the author includes an introduction to the Supreme Court of Massachusetts decision in the Goodridge case and presents the opinion of the majority of four judges that the state legislator is obligated to change the unconstitutionality of the existing Massachusetts^ legal system by enacting the right of homosexual partners to marry. The author elucidates the dissenting opinions of some of the judges in the case and explains and the strict scrutiny test on the other. In the article's final section, the author analyses the existing and potential political and sociological consequences of the Goodridge case in the USA. By discussing the possible jurisprudential alternatives that may be adopted by the US Supreme Court if confronted with the question of the right of homosexual partners to marry, the author emphasizes the problem of the constitutional "full faith and credit doctrine".

26.01.2021