tag:blogger.com,1999:blog-3152584185487706890.post1965129205627711088..comments2024-03-13T03:17:56.423-07:00Comments on Full Marriage Equality: From a LawyerFull Marriage Equalityhttp://www.blogger.com/profile/03029782688617414753noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-3152584185487706890.post-77785913471709806882014-10-17T07:47:23.184-07:002014-10-17T07:47:23.184-07:00What law in Iowa, Massachusetts, or New York makes...What law in Iowa, Massachusetts, or New York makes it illegal for two adult brothers to have a sexual relationship? I’d be curious to see such a law. Furthermore, if there is such a law, I am wondering if such a law is constitutional. I am wondering if such a law is constitutional in light of Lawrence v. Texas, the 2003 U.S. Supreme Court case. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3152584185487706890.post-1669856022971639582014-10-16T15:17:06.913-07:002014-10-16T15:17:06.913-07:00Rhode Island might be the better target here. Cas...Rhode Island might be the better target here. Cases narrowly aimed at the "stepparent" prohibition would be relatively easy to win.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3152584185487706890.post-41049743920543872262014-10-16T11:51:49.272-07:002014-10-16T11:51:49.272-07:00That would be laughed out of the courtroom.
Lawsu...That would be laughed out of the courtroom.<br /><br />Lawsuits cost big bucks. Don't risk those big bucks on anything other than the very best factual & legal circumstances available. Then make absolutely certain that your legal talent is way better than the other side's. Don't repeat the mistakes made in Utah in poly marriage cases, where the blockheaded attorney wasted all his resources on a religious freedom argument and never even attempted to seriously argue the winnable angles of due process and equal protection!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3152584185487706890.post-86685398731042030692014-10-15T20:54:10.694-07:002014-10-15T20:54:10.694-07:00If there is no requirement that a marriage actuall...If there is no requirement that a marriage actually involve sex, then I suppose same-gender siblings could request a marriage license without admitting to incestuous sex.Full Marriage Equalityhttps://www.blogger.com/profile/03029782688617414753noreply@blogger.comtag:blogger.com,1999:blog-3152584185487706890.post-19943559128028054782014-10-15T20:00:00.260-07:002014-10-15T20:00:00.260-07:00Robinson's brief is pretty much useless. All ...Robinson's brief is pretty much useless. All the states he refers to are states that criminalize consensual adult incest. I'd recommend not bothering with any of those.<br /><br />Both New Jersey and Rhode Island have legal same-sex marriage as well as no legal prohibition of consensual adult incest. However, Rhode Island law says:<br /><br /> § 15-1-2 Marrying kindred forbidden. – No person shall marry his or her sibling, parent, grandparent, child, grandchild, stepparent, grandparents' spouse, spouse's child, spouse's grandchild, sibling's child or parent's sibling. <br /><br />And in New Jersey,<br /><br />37:1-1 Certain marriages or civil unions prohibited<br /><br />a. A man shall not marry or enter into a civil union with any of his ancestors or descendants, or his sister or brother, or the daughter or son of his brother or sister, or the sister or brother of his father or mother, whether such collateral kindred be of the whole or half blood.<br /><br />b. A woman shall not marry or enter into a civil union with any of her ancestors or descendants, or her sister or brother, or the daughter or son of her brother or sister, or the sister or brother of her father or mother, whether such collateral kindred be of the whole or half blood. <br /><br />New Jersey's law is the best target for a constitutional challenge. However, I don't see any legally minded organization ready and willing to launch the first consanguinamory lawsuit. Hopefully this blog will eventually lead to the creation of exactly that kind of legally minded organization. Alternatively, it may be possible to persuade AFER and / or ACLU to lead the way here.Anonymousnoreply@blogger.com