Newsgroups: soc.motss From: corwin+@CMU.EDU (Scott Safier) Subject: Re: Nevada and Hawaii's Marriage Law In-Reply-To: tfarrell@lynx.dac.northeastern.edu's message of 30 May 93 17:24:02 GMT Originator: scotts@MORPHEUS.CIMDS.RI.CMU.EDU Nntp-Posting-Host: morpheus.cimds.ri.cmu.edu Organization: Robotics Institute, Carnegie Mellon University Distribution: usa Date: Tue, 1 Jun 1993 18:38:40 GMT >In article corwin+@CMU.EDU (Scott Safier) writes: >> >>Sorry, but this is wrong. From Commonwealth v Custer decided in 1954 >>1. The general rule is that a marriage is valid where contracted is >>valid everywhere >>2. Such rule is applicable, ordinarily, except where the marriage is >>repugnant to the public policy of the domicile of the parties, in >>respect to polygamy, incest, or miscengenation, or is otherwise >>contrary to its positive laws, or is entered into in fraud or in >>evasion of the law of the domicile of the parties. (Corpus Juris 38 >>C.J., Marriage, sec. 3, p 1277) >In other words, all marriages are always valid everywhere, unless we >don't want them to be. What a brilliant ruling. :P Just to clarify, I spoke to a lawyer. Corpus Juris is a set of rules that apply uniformly, in this case to the "marriage contract" as recognized by the state. If it is based on precedent, the precedent is so old that nobody knows what it is. I didn't ask this, but it probably comes from the English law. I don't think it is all that bad. The state has to find a way to argue that same-sex marriages are against public policy with regards to the positive laws of the state. If the state has an ERA, the argument may be judged based upon strict scrutiny. Scott Safier corwin+@cmu.edu Robotics Institute, Carnegie Mellon University member, T.S.A.K.C. GCS d+ p-- c+ l- m+ s g- w+ t++ r- x++ B0/1 f+ w- g k+ s- m(+) e++ "We do not have an anti-gay policy... The problems Boy Scouts are having are with people trying to get in - the gay community, the homosexuals, the atheists." Burford Hill, Western Regional Director, Boy Scouts of America. 5 June 1992, San Francisco Chronicle