Hi all. Working through a 1948 case (pre-filing, in attorney selection). The gender bar is at the applicant's grandmother, now deceased.
Two legal questions I'd appreciate the community's thinking on:
1. Does the L74 generational cap apply downstream of the person remedied by the 1948 ruling?
The prevailing view seems to be that 1948 cases operate on a constitutional plane, challenging gender discrimination under Article 3, and that L74's generational cap and "exclusively Italian" requirement don't reach them - but I haven't found anything definitive. If a court grants the 1948 recognition for the person at the gender bar, did that recognition flow through the full chain under pre-L74 law? Or can the court apply L74 to the descendants below the bar, recognizing only the direct victim?
2. Does L74 paradoxically strengthen certain 1948 cases?
In this case, the person at the gender bar married the son of an Italian immigrant. Pre-L74, the government would have argued that the next generation already had an alternative (patrilineal) path to citizenship, and therefore wasn't injured by the gender bar. But now, L74 + Sentenza 63/2026 seems to say that alternative path is now "considered never to have existed." Since the unrecognized citizenship through the paternal line has been retroactively precluded, the gender bar is now the sole obstacle for the entire chain - right?
Has anyone seen this argument raised or discussed in a 1948 context? Does the elimination of the alternative patrilineal path make the constitutional injury more straightforward?