The law, politics, and marriage

¶ … Politics, and Marriage

Discuss two types of marriage that you think should be legally prohibited. Use the course materials to evaluate both the pros and cons of not tolerating or recognizing these marital practices.

One type of marriage that should be prohibited is one in which there can be physical consequences for any of the children that such a marriage might produce. An obvious example of this would be two people that would stand a high likelihood of passing down a genetic disease to their offspring. While it was once believed that family, such as closely related individuals, stood a significantly higher likelihood that their offspring could suffer from genetically transmitted conditions, scientists today have largely discredited this myth.Although there is an increased likelihood that cousins can pass down birth defects to their children, this risk is not as strong as formerly perceived. The risk of birth defects in children born to first cousins is increased from a baseline of 3-4% to 4-7% according to the National Society of Genetic Councilors (NSGC) (Younus, 2013).

Furthermore, with the advantages of modern technology and genetic understanding, this risk could be mitigated through pre-marital genetic testing yet the NSGC, however, considers the risk to be so insignificant that it does not recommend additional testing or screening. Therefore, although there is certainly a social stigma surrounding cousin marriages in many circles, there doesn't seem to be the necessary evidence to make this a criminal activity. Yet it is likely that closer relationships, such as siblings, would be subject to a greater risk and justify a protectionist marriage policy. I believe the same could be said about unrelated couples as well that have certain genetic risk factors. Although I don't think it would be practical to implement such a policy, it could be argued that genetic testing should be a requirement for all marriages.

I also support their being age requirements for entering into marriage however I'm unsure if I agree with the current requirements. I believe that a person should have fully developed mental capabilities to ensure that they are making the best decision that they possibly can and be entitled to do so. In cultures that promote arranged marriages amongst young children this act violates the individuals personal freedom. Not only the freedom to choose their partners by themselves, but also the freedom of making a decision when their mental capabilities are sufficient to fully understand the type of relationship that they are entering into. Children should therefore be prohibited from making such a decision. However, I am not sure that the current popular requirement of being eighteen years old is necessarily the correct limitation. If the raised was raised to twenty-one or even higher, then this would likely reduce the divorce rate. However, I think such a decision should be based off the latest research in fields such as psychology to establish the minimum age in which such a competency would be fully developed.

2. Give examples of marital practices that are shaped by the political values of liberty and equality. Should governments that are based on these values require that the terms of marriage respect the liberty and equality of each spouse, or should the state permit people to draw up marriage terms that do not adequately protect the liberty and equality of each spouse? Use the course materials to defend your answer.

I do not feel that the state should be allowed to draft marriage terms that do not adequately protect the liberty and equality of each spouse. I believe that cultures of the world are slowing moving towards a global culture that embraces liberty and equality through globalization and advances of information technologies. In fact, this point seems evident in the Universal Declaration of Human Rights. Article 16 of this document states (the United Nations, N.d.):

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) the family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

I believe that this form of liberty and equality is an ideal concept for humanity and one that should be spread.

When allowing the state the capacity to dictate the forms of marriage that are legal then this is subject to many subjective ideas. This has historically led to many examples of oppressive laws that easily identifiable by today's standards. One example of such a law that was still on the books in many states until the 1970s was that it was illegal for people of different races to marry. The first state marriage law to be invalidated was Virginia's miscegenation law in Loving v Virginia (1967); Mildred Jeter, a black woman, and Richard Loving, a white man, had been found guilty of violating Virginia's ban on interracial marriages and ordered to leave the state however, later the Court found Virginia's law to violate the Equal Protection Clause because it invidiously classified on the basis of race, but it also indicated the law would violate the Due Process Clause as an undue interference with 'the fundamental freedom" of marriage (Exploring Constitutional Conflicts, N.d.).