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Author Topic: Is this legal?  (Read 496 times)
Abraxas
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« on: September 17, 2007, 04:48:02 PM »

A friend of mine and I got into an argument over STD testing by states and the right of clerks to with hold the certificate of marriage UNTIL testing is done. I thought it was bologne, but after some rummaging we found this.

"Every couple that wishes to marry must comply with a states requirements. Only a few states require a blood test these days or a blood test and physical examination before marriage to show whether one party is infected with an STD - (most often the test is for Syphilis). In some states, for example, the clerk is forbidden to issue a marriage license until the parties present the results of the blood test."

I was shocked. I couldn't believe the state had this much authority over the issuence of marriage lisences. I'm not saying getting a test for STDs is a bad idea - on the contrary, I think it's an excelent idea - but I disagree with the right of the state to MANDATE this testing and to forbid the legality of a marriage until such testing takes place.

There is a list of the states that do this at the link if you're intrested.

I'm just curious as to if people here agree with the law or not.
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bringbackwigs
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« Reply #1 on: September 17, 2007, 05:15:36 PM »

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Abraxas
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« Reply #2 on: September 17, 2007, 05:43:10 PM »

I know, that's what *I'm* sayin'.
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« Reply #3 on: September 17, 2007, 06:14:34 PM »

Wow that is a bit messed up
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« Reply #4 on: September 17, 2007, 06:41:33 PM »

Must be one of those archaic remnants of the ridiculous blue laws that no actual law practitioners pays attention to.
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Abraxas
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« Reply #5 on: September 17, 2007, 06:50:52 PM »

Must be one of those archaic remnants of the ridiculous blue laws that no actual law practitioners pays attention to.

I figured that was a possibility. I am really curious to know how often it is enforced on a regular basis but have so far come up empty handed.

Neorealist (or is it neue?) is a lawyer. Maybe they know something?
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« Reply #6 on: September 17, 2007, 06:54:47 PM »

The state shouldn't be involved in marriage in the first place. 
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« Reply #7 on: September 18, 2007, 04:15:09 AM »

It's a simple matter of public health.

http://en.wikipedia.org/wiki/Syphilis

You can always live together as "common law" if you do not wish to be granted benefits of state by simply complying with the rules of state.
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« Reply #8 on: September 18, 2007, 04:41:40 AM »

I live near Elkton, MD right now, and going into town the big green signs that say welcome to Elkton have a picture of a couple getting married.  Apparently, this was one of the first places NOT to require a blood test.  People from NY used to come down here to get married if they wanted to get hitched in a hurry.
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« Reply #9 on: September 18, 2007, 05:02:25 AM »

It's a simple matter of public health.

http://en.wikipedia.org/wiki/Syphilis

You can always live together as "common law" if you do not wish to be granted benefits of state by simply complying with the rules of state.

Also, maternal clap was also once a prominant cause of blindness in children.

Maternal bloodtesting is reasonably related to public health.  I am not aware of any cases finding them unconstitutional.
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« Reply #10 on: September 18, 2007, 08:04:41 AM »

I'm not a big fan of mandatory health.
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« Reply #11 on: September 18, 2007, 09:46:13 AM »

I'm not a big fan of mandatory health.

Then you will just LOVE Hillary....
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« Reply #12 on: September 18, 2007, 10:04:38 AM »

I'm not a big fan of mandatory health.

Then you will just LOVE Hillary....

Can't wait...
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« Reply #13 on: September 18, 2007, 11:41:41 AM »

The state shouldn't be involved in marriage in the first place. 

Agreed. No government (in this country) needs to have marriage, gay or not, as a priority.
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Abraxas
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« Reply #14 on: September 18, 2007, 12:23:21 PM »

The state shouldn't MANDATE good health. This goes hand in hand with the banning of smoking, trans fats and certain words in the public domain. If they offer help, money and resources for people to live a healthy life, by all means, do so... but don't tell me who I can and cannot marry.

It's a matter of choice and for the state to throw up road blocks seems unconstitutional.

Is it?
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Either you repeat the same conventional doctrines everybody is saying, or else you say something true, and it will sound like its from Neptune.
- Noam Chomsky

... you can almost see the high water mark - that place where the wave finally broke and rolled back.
- Hunter S. Thompson
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