Not Another Marriage Topic
Should those unable to make rational decisions concerning marriage be allowed to marry?
Should those unable to make rational decisions concerning marriage be allowed to marry?
GCJ: Wow. You didn't even read it!
ArayanTruth: Proven by whom?
Actually, that is determined by the state- "Mental Capacity" is not the same as "Mental Retardation". You can be proven not to have the mental capacity to enter into contract and not be mentally retarded. You can also be mentally retarded and have the ability to enter into contract.
Mental retardation is defined as:
1) have an IQ below 70-75;
2) are limited in two or more adaptive skill areas (daily living skills needed to live, learn, work, and play in the community); and
3) if the condition is present from childhood (defined as age 18 or younger).
Only 30 of the 50 States have laws against Mentally Retarded people being married. And, within those, the guardian or the person with power of attorney oover that person can refute it and force them to do a competency test.
The courts are not quick to prohibit marriage (which is an interesting thing considering the current gay marriage debate) as it would deny the person the very fundamental rights of marriage and procreation.
| Generally, in order to enter into a valid marriage, the parties must have the same mental capacity as is necessary to enter into a civil contract. Marriages entered into while one or both of the parties were intoxicated or under the influence of drugs are generally voidable; any civil action to void the marriage must, however, be brought shortly after the ceremony. |
I guess we have to decide whether or not the mentally impaired have the capacity to enter into a civil contract.
| Only 30 of the 50 States have laws against Mentally Retarded people being married. And, within those, the guardian or the person with power of attorney oover that person can refute it and force them to do a competency test. |
I think having a competency test for everybody would be a good idea. Even some so-called intelligent people might not have the brains necessary to make such a decision as marriage.
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