Family Law in America

Book excerpt: This book examines the present state of family law in America. This third edition captures recent developments, including the transformation of the institution of marriage to encompass same-sex marriage. In the discussion of same-sex marriage, Professor Katz analyses each opinion, majority and dissenting, in the case of Obergefell v. Hodges, the United States Supreme Court case that lifted the ban on same-sex marriage. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account gender equality and the legal recognition of same-sex marriage. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse. It also examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the re-examination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how new assisted reproductive technologies are having an impact on family formation, particularly adoption, to take into account new family forms.