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Marriage

Marriage. Why do people get married?. What benefits come from marriage?. 1100 Federal benefits Privileged Communication- can’t be called to testify against spouse Inheritance rights (Anna Nicole Smith issues?) Hospital visitation Immigration Rights Tax Benefits. Cohabitation.

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Marriage

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  1. Marriage

  2. Why do people get married?

  3. What benefits come from marriage? • 1100 Federal benefits • Privileged Communication- can’t be called to testify against spouse • Inheritance rights (Anna Nicole Smith issues?) • Hospital visitation • Immigration Rights • Tax Benefits

  4. Cohabitation • Living together but no benefits of marriage • Cohabitation agreements fall under contract law • Not heard in family court • 1976: Palimony cases upheld in courts- support of partner after breakup

  5. How to Get Married Process varies by state. In DE: • Must be 18 or 17 with judge’s approval • $50 cash fee • 24 hr waiting period between license and ceremony • Must have 2 witnesses at ceremony

  6. Marriage without a Wedding? • Common-law marriage: two people agree to be married, present themselves as married, and live together as husband/wife • Legal divorce needed to end • 13 states recognize common-law marriage

  7. Illegal Marriages • Incest: marriage or sex between close relatives (more than 2nd cousins) • Polygamy: marriage to more than one spouse • “Shotgun marriages”: must consent to be married

  8. Historical Quotes This “is repulsive and averse to every sentiment of pure American spirit. It is abhorrent and repugnant. It is subversive to social peace. It is destructive of moral supremacy, and ultimately… will bring this nation to a fatal conflict.”

  9. Historical Quotes 2 “After more than two centuries of American jurisprudence, and millennia of human experience, activist judges and local authorities are presuming to change the most fundamental institution of civil life. These actions have created confusion... On a matter of such importance, the people must be heard.

  10. Historical Quotes • 1911 speech by a Congressman to introduce a Constitutional amendment to ban interracial marriages • 2004 speech by President Bush to support a Constitutional amendment to ban gay marriage

  11. 1967: Loving v. Virginia • White man & black woman legally married in DC • They move to VA, which has anti-miscegenation law (ban on interracial marriage) • Couple is charged for violating law • Supreme Court rules the laws unconstitutional- 14th Amend.

  12. Effects of Loving Case Previously: • 38 states prohibited Black/White marriages • 14 “ “ Asian/White • 7 “ “ Native American/White • In 2000, Alabama removed anti-miscegenation from its Constitution • Since 1984, Black/White marriages have doubled (2% of all) • 2000 survey: 20% of 55-64yrs old still believe Black/White marriages should be banned

  13. Laws regarding same-sex partnerships in the United States Same-sex marriage Unions granting rights similar to marriage Legislation granting limited/enumerated rights Same-sex marriages performed elsewhere recognized No specific prohibition or recognition of same-sex marriages or unions Statute bans same-sex marriage Constitution bans same-sex marriage Constitution bans same-sex marriage and some or all other kinds of same-sex unions

  14. 1996: DOMA Law • Defense of Marriage Law • Federal Statute defining marriage as between a man and a woman • No Federal benefits for same-sex marriages (even in recognized state) • 2011: President Obama instructs federal law officers to abandon cases of violations of this law

  15. Civil Unions Separate but Equal?

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