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Outdated laws - and how some extremists want to use them|
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First, a look at some "silly" laws:
Unusual laws that remain in US state codes despite being outdated
Next, a look at one not-so-silly law, and how some extremists hope to use it: Same-sex couples marrying in California could face prison time in Wisconsin
This message has been edited. Last edited by: Fightdirector, |
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Experienced Member |
The law that is on the books keeps children and others of whom the state does not want getting married from going to another state to try to bypass the state laws (exactly like the couple in question is trying to do), and if the people of the State have a problem with the current law, it can be repealed or changed by the local lawmakers accordingly, of which I doubt will happen since most see it as fair and it obviously serves a purpose!!!
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Experienced Member |
One prosecution is all it takes and it would be headed to federal court. The federal courts will most likely shoot down the Wisconsin law.
I'd doubt that many prosecutors would bother with it knowing it is probably a lost cause. |
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------------------- Proud Member Derelict Veterans' Group ------------------- |
Which would then open up the doors for kids to go to other states where marriage age is lower, get married then go back home. This is what the Law was originally intended for. Todays politics remind me of an old saying. - "Ideas are more powerful than guns. We would not let our enemies have guns, why should we let them have ideas?" - Joseph Stalin |
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Does begging and pleading count as foreplay? |
Wow...I hope that wasn't in effect when I was attending celebrations in Bevo area, Dutchtown South or on The Hill. I think I've still got buckets from all those. |
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Experienced Member |
I don't agree...I do not see the fed courts overriding the individual states laws that limit what marriages they choose to honor, and if they did, the whole Gay marriage thing will be at the voters forefront yet again, since many states do not honor gay marriage from other states. . .States are designed to be sovereign and it should remain that way!!! |
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"88M, CAUSE EVERYONE ELSE IS CARGO." |
Looks to me like one of those laws to prevent the Jerry Lee Lewis type of marriage, marrying your 13 year old cousin and then bringing her back to the state.
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Actually, like many laws of it's type passed at the height of the Ku Klux Klan's political power, it was designed to prevent Caucasians from going out-of-state and marrying non-Caucasians, then bringing their non-Caucasian "spouse" back home - not to prevent underage children from getting married. //Source: Hooded Americanism: A History of the Ku Klux Klan by David M. Chalmers, 3rd edition// |
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Experienced Member |
That is exactly what happened in Loving vs Virginia Forget the dog, Beware of Owner |
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So, I gather you believe the Supreme Court of the United States of America made the wrong decision when it determined that laws forbidding inter-racial marriage (Loving vs. Virginia) were un-Constitutional. After all, by your own argument,
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Experienced Member |
Yea there were never any laws against interracial marriage. Forget the dog, Beware of Owner |
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I say, old chap! Jolly splendid idea - Americans speaking American! It's precisely the reason why they have such trouble speaking English! By George, it's a foreign language to the fellows across the pond, poor souls. Now... the marriage laws by state: Some were intended to prevent interracial marriage, some were intended to prevent underage marriages, and some were intended to prevent in-breeding. The purpose depended on the state. The effect was the same. Now, I dare ANYONE here to say that states should be allowed to prohibit interracial marriage. Go ahead. If state rights are so important, and the people of certain states wanted to prevent blacks from marrying whites, hispanics from marrying Asians, and so on, then why can't a state make a law like that? Oh, how about a little insignificant document called the Constitution? States can make any laws they want, but if those laws violate the Constitution of the United States, the laws must be overturned, or the Constitution must be changed. The Constitution didn't originally grant women the right to vote. While women couldn't challenge the Constitutionality of that, they could challenge the Constitution itself on the grounds of justice, freedom, and the spirit of the document. On those grounds, the Constitution was amended for the 19th time. The Constitution of the US has NEVER been amended in order to prevent or remove a freedom. The Constitutions of various states can grant more freedoms, or can make certain minor restrictions within the bounds of the Constitution of the United States, but a state law or a state Constitution CAN NOT violate the Constitution of the United States. It was declared that state laws which prohibited interracial marriage were unconstitutional. As such, those laws were overturned by the Supreme Court, despite the fact that people were kicking and screaming about interracial marriage as the "downfall of society", and "unnatural". The majorities in quite a few states still wanted to prohibit interracial marriage. However, the Constitution didn't allow such prohibitions. So... the origins of laws that punish people for crossing state lines to get a marriage that wouldn't be legal in their home states were to prevent interracial marriage (when some states still prohibited such things), underage marriage (because different states have different age requirements), and in-breeding (because some states still think in-bred hicks make good citizens). However, no state can discriminate racially for marriage licenses anymore, regardless of the wishes of the majority. Thank goodness most people have grown up enough to see that racism is pointless hate. It's only a matter of time before those who are truly educated in law recognize that discrimination is not written into our Constitution, and that criminalizing two consenting, non-related adults for having a legal union is absolutely unconstitutional. |
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------------------- Proud Member Derelict Veterans' Group ------------------- |
Does it just cover interracial couples or does the law specify "anyone"? If it specifies "anyone" then it will open doors for KIDS (the operative word) going to other states where the age of consent is lower, then returning maried. Perhaps even without parental permssion. Todays politics remind me of an old saying. - "Ideas are more powerful than guns. We would not let our enemies have guns, why should we let them have ideas?" - Joseph Stalin |
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Experienced Member |
There is a huge difference between denying one traditional marriage because of race, vs. that of denying the marriage of things the public see as immoral, unnatural, sick, and/or wrong. . .Should states be required to honor incest marriages??? Should states be required to honor polygamy marriages??? Should states be required to honor Homosexual marriages??? Should states be required to honor under age marriages??? Just like homosexuality, these other things are unpopular as well, and in most states (if not all) are illegal, but to stand with homosexuality over the rest, you would be a self interested bigot to deny these other folks the right to practice whatever lifestyle choice they see fit as well (it is not like they are hurting anyone by their choices). By denying any group and allowing another to prosper, you are discriminating against others in some form, which in fact is normal in a society guided by morals, something many seem to lack in their cherry pickens! You can not have your cake and eat it too, for some crap just don't fly!!! |
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Member |
yeah, in alabama:
it's illegal to drive blindfolded or barefoot. it's also illegal to have bear wrestling matches (but they are so fun...when bubba wins, we drink a beer, when the bear wins, we drink 2.) it's illegal to play dominoes on sunday. it's illegal to wear a fake moustache if it causes laughter in church. putting salt on a railroad track may be punishable by death. boogers may not be flicked into the wind. it is legal to drive the wrong way down a one-way street if you have a lantern attached to the front of your automobile. you must have windshield wipers on your car. (DRAT) you may not have an ice cream cone in your back pocket at any time (why not? thats where i put mine in case i wanna finish it later). Masks may not be worn in public (guess it doesnt apply to makeup). incestuous marriages are legal. it is illegal to impersonate a person of the clergy. bathing in city fountains is prohibited. no person within the city may possess confetti. it is illegal to spit orange peels on the sidewalk. ‘Spray String’ is banned. bicycles are banned from the interstate highways. if one wishes to read palms in the city, they must first pay $10 for a permit. it is illegal to howl at ladies within the city limits. it is unlawful to wear women’s pumps with sharp, high heels. it is considered an offense to open an umbrella on a street, for fear of spooking horses. you may not spit on the floor of a church. if an animal control officer is in uniform, it signifies to the public that he is an animal control officer (NO SH**...i thought it meant they were firemen). oh and one more for gator cuz of a convo in another thread: women are able to retain all property they owned prior to marriage in the case of divorce. however, this provision does not apply to men. and theres more... |
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Sarcastic Member |
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Sarcastic Member |
Gays may not be able to challenge this law because of the DOMA, but the guy marring a kid could. The full faith and credit clause of the Constitution makes a marriage valid in one state valid in all. |
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Ah, you're right. And we all know how badly THAT experiment went! |
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Sarcastic Member |
Interracial marriage was described as immoral, unnatural, and sick; what is your point? Incest laws vary from state to state. If you were to get married in a state that allows first cousins to marry and then move to a state that does not you would still be married. And the state has a valid puplic health justification for banning incest. That justification does not exist for gays. 'Sodomy' is legal, so that cannot be the health justification. |
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Member |
slowing the spread of HIV and AIDS is health justification enough... |
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Experienced Member |
Did not even know DOMA (signed by Clinton into law) existed. Thanks for pointing that out!!! I guess Bill Clinton got at least something right during his Presidency!!! |
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Suspended. 17 Oct 08 Fin |
But it was in fact an amendment used to "prevent or remove a freedom" was it not? and now you are all for a very select group of Wisconsin residence to be able to circumvent their states law and get away with it? doesnt matter what law... oh, wait, it does..... your hipocrasy is showing.... |
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Highly Experienced Member |
If the law in the Cox/Whalen case were used to prosecute them, it would wind up in the Supreme Court, and then it would wind up defeated on the same basic grounds (Full Faith clause of the Constitution) as the Loving v. Virginia decision - and that WOULD be a major setback to opponents of gay marriage.
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------------------- Proud Member Derelict Veterans' Group ------------------- |
I don't care about gay marraige, I care about the law keeping kids from leaving the state, getting married and returning back. Todays politics remind me of an old saying. - "Ideas are more powerful than guns. We would not let our enemies have guns, why should we let them have ideas?" - Joseph Stalin |
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15 DAY SUSPENSION 3 JAN 09 |
----------------------- That is most decidedly NOT what the law was originally intended for because most state laws have been fairly consistent and required parental consent for "under age" marriages. This law, from 1913, was meant to keep interracial couples from marrying out of state and then returning to a state that didn't want interracial couples. I would also be curious to read the actual law. Many states now have statues that noted lack of "recognition" of a same sex marriage but that is an entirely different thing from making a same sex marriage a criminal offense. |
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15 DAY SUSPENSION 3 JAN 09 |
------------------ Full Faith and Credit Clause, baby. |
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Experienced Member |
The state won't prosecute, they just will not honor their marriage certificate as valid. If there were a case like you pointed out to be heard by the SCOTUS it could also backfire on the pro-ponents of same sex marriage, just as easily. . .Is either side willing to take the risk??? I do not see it happening, but then again who knows! |
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Experienced Member |
Prohibition? Forget the dog, Beware of Owner |
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Experienced Member |
Ummm the reason that they denied marriage because of race was because they saw it as immoral, unnatural, sick and/or wrong. If someone comes from a country that allows polygamy, are they suddenly not married anymore to some of their wives? I have never heard of this happening so really am interested. Forget the dog, Beware of Owner |
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15 DAY SUSPENSION 3 JAN 09 |
--------------------- Really? Then I'm sure you know that someone can marry in Wisconsin with parental consent as young as 16 and you know how many states that will allow a person younger than 16 to get married without parental consent. Right? If the parent of a 15 year old is willing to consent to the marriage, should the state be able to trump that decision? If a 15 year old got married in another state with parental consent and then came back to Wisconsin, would the consenting parent also be in violation of the law??? |
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Outdated laws - and how some extremists want to use them

