Asking the intertubes!
Jul. 24th, 2012 08:42 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
theweaselkingA question has arisen about "what conditions prevent marriage".
Specifically, under what circumstances is a marriage PROHIBITED?
The ones I've got off the top of my head are:
* One or both partners is not of legal age
* The partners are too closely related
* One or both partners are already married
* One or both partners is not legally capable of consent
In undercivilised places, we also have:
* one partner is the wrong race/religion/gender/party
Under what other circumstances is marriage *prohibited*? (and where?)
Specifically, under what circumstances is a marriage PROHIBITED?
The ones I've got off the top of my head are:
* One or both partners is not of legal age
* The partners are too closely related
* One or both partners are already married
* One or both partners is not legally capable of consent
In undercivilised places, we also have:
* one partner is the wrong race/religion/gender/party
Under what other circumstances is marriage *prohibited*? (and where?)
(no subject)
Date: 2012-07-25 01:08 am (UTC)(no subject)
Date: 2012-07-25 01:11 am (UTC)I can't think of any cases of "marrying yourself" - have I missed something?
(no subject)
Date: 2012-07-25 01:16 am (UTC)I agree that marrying oneself is an odd thing to want to do and I haven't heard of anyone particularly wanting to do it, but I'm still pretty sure it's prohibited.
(no subject)
Date: 2012-07-25 01:18 am (UTC)(no subject)
Date: 2012-07-25 01:40 am (UTC)This saddens me, as a polyamorous person, but I know that property law and child custody would be complicated as hell to amend -- although not impossible. It would just take a big political push and a lot of public support, neither of which I envision occurring in my lifetime. I'm just happy that our relationships aren't ILLEGAL in your country, although there are still states in the U.S. where they are -- under both "adultery" and "bigamy via common-law marriage," since in states where if you live with a partner for more than _x_ years, you are common-law married under the law.
It's still a factor in child-custody cases, though, because it can be considered to be an "immoral lifestyle" being led by a parent. I'm relieved that Kira has reached the age of majority (and that I've maintained an amicable relationship with her father), because I always had an underlying worry about losing custody to my *parents* if they ever found out.
In the U.S., marriage by proxy is prohibited in most states, although there are some exceptions when one party is a member of the military service.
-- A <3
(no subject)
Date: 2012-07-25 01:47 am (UTC)(no subject)
Date: 2012-07-25 01:50 am (UTC)(no subject)
Date: 2012-07-25 01:51 am (UTC)(no subject)
Date: 2012-07-25 01:53 am (UTC)(no subject)
Date: 2012-07-25 01:54 am (UTC)(no subject)
Date: 2012-07-25 01:57 am (UTC)(no subject)
Date: 2012-07-25 01:57 am (UTC)(no subject)
Date: 2012-07-25 02:01 am (UTC)(no subject)
Date: 2012-07-25 02:06 am (UTC)I mean, it's a start? And not a bad one? But there are a TON of holes there, still, where centuries of law and precedent break down.
(I don't think it's not-doable. I just fear what happens when the wrong judge hears it.)
(no subject)
Date: 2012-07-25 02:44 am (UTC)(no subject)
Date: 2012-07-25 02:54 am (UTC)-- A <3
(no subject)
Date: 2012-07-25 02:58 am (UTC)(no subject)
Date: 2012-07-25 03:13 am (UTC)This varies from area to area, of course, and I'm not saying any of those should or should not be required. I think there was a short waiting period when I applied for my marriage license.
I may also be misremembering, but isn't it problematic for someone in the military to marry someone of lesser rank under their direct control? Or am I thinking of something else?
Finally, marriage has traditionally been forbidden between royalty and commoners without special dispensation and/or a pre-nup declaring the marriage to be morganatic.
(no subject)
Date: 2012-07-25 03:14 am (UTC)I want polyamory to be *legal* in the US, specifically legal, and a protected class in regard to discrimination -- right now, you can get fired, lose your children, even get taken to court for bigamy if you're living with two partners, married to one, and a judge decides that you're "common-law married" to the other.
The parenthood thing is actually something I'd like to see in the law *before* poly marriage -- I mean, Kyle has been Kira's stepfather for half her life, but if I died, it would be up to her biological father as to whether he ever saw her again.
(Thankfully, we're all on good terms and we've co-parented as a team for many years, and at this point Kira has reached the age of majority -- but I do think that someone who has lived with the child and parented the child for a significant number of years should have at least visitation rights if the relationship dissolves.)
I know I have no legal rights toward Bean, even though I've been involved with both her parents since before her conception -- and while I know that neither of them would ever try to keep us apart, in a gods-forbid situation where both of her parents died, I'd be dependent on her grandparents as to whether I'd be allowed contact in the 13-and-a-half years between now and when she turns 18. And that saddens me, even though I'm on good terms with them, because . . . it's still no guarantee.
-- A <3
(no subject)
Date: 2012-07-25 03:18 am (UTC)(no subject)
Date: 2012-07-25 03:20 am (UTC)(no subject)
Date: 2012-07-25 03:21 am (UTC)(no subject)
Date: 2012-07-25 03:22 am (UTC)(no subject)
Date: 2012-07-25 03:27 am (UTC)(no subject)
Date: 2012-07-25 04:42 am (UTC)*One of the parties withholds consent.