Friday, May 21, 2004

Other Marriage Limits 

Amy Hunt in today's entry on her "In support of same sex marriage" blog on Boston.com wonders whether Governor Romney will be as adamant about enforcing the following out of state marriage laws as he is in supporting the other states' bans (explicit or inferred) on gay marriage, since he's been so vocal about not being able to pick and choose which laws to enforce:

-Delaware: no marriage for a person with "any degree" of unsoundness of mind, "habitual drunkards" or persons on parole or probation (without explicit permission by their watchers).

-Mississippi: marriage is void if "it appears" that Parties A and B are drunk, insane, or otherwise unable to make a decision for themselves.

-Pennsylvania: marriage is void if entered into by "the weakminded."

-North Carolina: no marriage for impotent persons.

Oh, you might say, but the states don't actually enforce those laws. They're antiquated relics. So is the 1913 Massachusetts statute Governor Romney is using to justify banning marriages in Massachusetts for couples who neither live in nor plan to live in the state. Equal treatment under the law is clear - apply it across the board or don't apply it at all.

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Posted by Beth Henderson at 4:49 PM