State Regulations on Who Can Marry Flashcards
May a restriction on freedom to marry be based on race?
It could be a factor, but the freedom to marry cannot be restricted solely on the basis of race.
Does FL recognize same sex marriage?
No - same sex marriage is not recognized for any reason in FL.
If one party in a same sex couple gets a sex change prior to their marriage, would the marriage be valid?
Yes - if their anatomy is changed @ the time of the marriage, then they are not the same sex for purposes of marriage.
What are the types of void marriages?
- incest;
- bigamy;
- same sex.
What are the types of voidable marriages?
- age;
- fraud/duress/coercion.
What is the difference between a void marriage & a voidable marriage?
- void = invalid from the start
- voidable = valid until challenged
Who may challenge a void marriage? A voidable marriage?
- void = anyone, even 3d parties
- voidable = only the parties of the marriage
What is the purpose of incest laws?
To protect the child in the home environment
Can you be found guilty of the crime of incest without knowing you were committing it?
No - the criminal statute requires that the parties knowingly entered an incestuous marriage.
Can you be found guilty of bigamy without knowing you were entering a bigamous marriage?
No - bigamy laws require the parties knowingly entered into a bigamous marriage.
A marries B. Even though she knows about A & B, C marries A. Who is guilty of bigamy?
A and C - all knowing parties are guilty in a bigamous marriage.
What standard of review do minors get when their right to marry is restricted?
Rational Basis
What is the youngest that an individual may get married on their on accord?
18 years old.
May 16 and 17 year olds get married in FL?
Yes, but only with parental consent, unless…
- parents are dead;
- minor is already a parent;
- minor has been previously married;
- minor is proven to be pregnant.
May individuals get married in FL if they are under 16 years old?
Yes, but only with Court approval.
