The advisability of sterilization at the time of the application rather than in the future. While sterilization should not be postponed until unwanted pregnancy occurs, the court should be cautious not to authorize sterilization before it clearly has become an advisable procedure. 7. The ability of the incompetent person to care for a child, or the possibility that the incompetent may at some future date be able to marry and, with a spouse, care for a child. 8.
Sullivan says that minors and close family members should not be given the right to marry because minors are unable to understand such a commitment. The marriage of close family members creates incest, which threatens the trust and responsibility the family needs to survive. Sullivan asks if homosexuals fall in the same categories. Sullivan says that “domestic partnership,” a conservative concept, is one of the strongest arguments for gay marriage. Domestic partnerships qualify for benefits previously reserved for heterosexual married couples.
Under The Texas Family Code, joint custody of a child by both parents is presumed to be in the best interest of that child (Sec. 150.001) unless (1) there is a finding of abuse by either parent (Sec. 150.002), or (2) if joint custody would significantly impair the child’s physical health or emotional development (Sec. 150.003). In determining whether appointment of a parent is in the best interest of child, it is not adequate to offer that a nonparent (here, grandparent) would be a better custodian.
The Act was ruled unconstitutional because it requires federal estate tax to be paid by folks in same-sex marriages. Currently if the spouse in an opposite-sex marriage dies, no federal estate tax needs to be paid. The court also stated that the Act discriminates based on sexual orientation and violates equal protection under the Constitution. Republicans are contesting a ruling by the United States Court of Appeals for the Ninth Circuit, which ruled the Defense of Marriage Act discriminates based on the denial of health benefits to same-sex spouses. In defense of the Defense of Marriage Act, Republicans claim the goals are to “maintain consistency in allocating federal benefits and encourage relationships “that most frequently result in the begetting and raising of children.”” NYTIMES.
While such transfer of a case from one county to another is discretionary, where the crucial witnesses and evidence are located in the county of respondent’s residence, it may be abuse of discretion to deny the transfer motion. See, Silva v. Superior Court (Silva) (1981) 119 Cal. App. 3d 301, 304 (abuse of discretion to deny spouse’s transfer motion when spouse and custodial parent attested to economic, educational and financial disruption of family unit if venue continued in county of other spouse’s residence.) In the instant case, key witnesses regarding custody/visitation and child support issues reside in NameofCounty County.
Luka Rousseau 09/11/2010 Case R.B. v. CHASM To the knowledge of the parents, considering the Charter they had the right to refuse the blood transfusion. Stated in the Charter, section - (legal right) #2 a. states that one is allowed to freedom of conscience and religion as well as section - (legal right) #2 b. freedom of thought, belief, opinion and expression. When the blood transfusion was made those two basic rights were violated. The two parents are Jehovah’s Witnesses and in their religion states that you shall not have blood of another.
Question: Should the full faith and credit clause uphold gay marriage nationwide? Answer: Yes “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.” These words contained in the Full Faith and Credit Clause has been used to unify our states, and provide legal safety nets for a plethora of important binding legalities. Most recently, The Full Faith and Credit Clause had been watered down by other constitutional measures like the 96 “Defense of Marriage Act” but in reality, denying gay marriage national protection under the clause is counter to its purpose and a historical anomaly. Many like current Justice Scalia argue that traditional choice, based on public policy is a standard of US politics and is constitutional. It is for this reason that states do not have to recognize out of state gay marriages unlike other legal measures protected by the Full Faith and Credit Clause.
Macionis and Plummer (1997) highlighted the ability of new fertility treatments to allow family structures that were previously available, such as IVF. New Right theorists believe that family diversity is the result of a decline in traditional values. They see it as a threat to the traditional nuclear family and blame it for antisocial behaviour and crime. Murray (1989) suggests that single mother families are a principle cause of crime and social decay, because of their lack of a male role model and authority figure in the home. The New Right believe that state benefits should be cut and social policy targeted to discourage family diversity and promote marriage and the nuclear family.
Military Draft I think the military draft will be unjust for this country. A military draft would inhibit the success of the U.S. military and the military draft legislation. The military draft would inhibit the success of the military because the U.S. military relies on quality rather than quantity of people. According to Jonathan Schwitzer, editor of the Johns Hopkins News-Letter, a draft will lead to anti-American sentiment and unpatriotic behavior among those who oppose the draft or the war as it did during the Vietnam conflict. The draft will divide the nation -- see Vietnam -- and the last thing the United States needs during a time of war is a people divided, says Roger Mundy, editor of the Daily Oakland Press.