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90 Tul. L. Rev. 185 (2015-2016)

handle is hein.journals/tulr90 and id is 205 raw text is: COMMENTS There Goes the Community: Federal Preemption of Marriage as the Demise of the State Community Property Regime Meghan A. Dupr&* The commun typropertyregine, winch is followed by Nine states, is built on the premise that family law is Jeft to the discretion of each state. Untilnow, the defition ofmamnage was a state-based definition. With the United States Supreme Court now defining mariage, which is the foundation of family law, how will the community poperty regime be affected? Thi5s Comment analyzes areas of communty property law already preempted by the federal government and considers how federalizing the definition ofmamage will likely lead to further preemption ofcommunitypropertyptinciples. I. INTRODUCTION ............................................................................. 186 II. FEDERAL FORAY INTO FAMILY LAW THROUGH SAME-SEX M A RRIA GE ................................................................................... 187 A. Same-Sex Marrkige Decisions Before Obergefell ........... 188 1. Federal Courts Furthering Windsor .......................... 189 2. Federal Courts Limiting Windsor ............................. 191 B. Supreme Court Legalizes Same-Sex Mariage ................ 193 III. COMMUNITY PROPERTY AN UNINTENDED CASUALTY OF A FEDERAL FAMILY LAW .............................................................. 194 A. Brief Overview of Community Property .......................... 195 B. Slow Erosion of Comnmuni Property ............................. 196 1. Treasury B onds .......................................................... 196 2. Pensions ...................................................................... 197 C States'Reactions to FederalPreemption of Community Property Law ................................................. 200 * © 2015 Meghan A. Dupr6. J.D. candidate 2016, Tulane University Law School; B.S.M. 2013, Tulane University. Thank you to Professor Sally Brown Richardson for her countless hours spent providing feedback and intellectual guidance; without your unwavering encouragement, I would not have the education and career opportunities that I hold today. I also thank the staff and members of the Tulane Law Review for their endless effort throughout the editing process. Most importantly, I am always grateful for my parents' unconditional support and wisdom to never settle for anything less than my best effort.

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