Will Gay Marriage Result in Emancipation

My question involves marriage law for the State of: Maryland, Ohio

I am 20 and want to marry a 16 year old but we are in Ohio. We are both female. We want to go to Maryland and get married with consent from her mom. She will automatically be emancipated through our marriage but will she still be emancipated when we go back to Ohio? I know our marriage will not be recognized there so idk if that changes the emancipation. Please leave sources for me if you find the information.

You have bigger problems than that.

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Quoting Marriage of Minors (Under Age 18

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• 16 or 17 years old must have the consent of a parent or guardian (parent or guardian must be with the minor at the time of application) OR have a certificate from a licensed physician or certified nurse practitioner, on the physician’s or nurse practitioner’s letterhead, stating that the physician or nurse practitioner has examined the woman to be married and found that she is pregnant or has given birth to a child. The certificate must be signed by the physician or nurse practitioner. (Certificates signed by midwives or nurses are not sufficient.)

• 15 years old must have the consent of a parent or guardian (parent or guardian must be with the minor at the time of application) AND have a certificate from a licensed physician or certified nurse practitioner, on the physician’s or nurse practitioner’s letterhead, stating that the physician or nurse practitioner has examined the woman to be married and found that she is pregnant or has given birth to a child. The certificate must be signed by the physician or nurse practitioner. (Certificates signed by midwives or nurses are not sufficient.)

• 14 years of age and younger may not marry in Maryland.

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I have the consent of her mom and she will come with us to Maryland

Wouldn't it still hold that 20 and 16 is illegal? Or is that just certain states?

That's state specific, Pandy.

It will not result in emancipation. It will result in incarceration.

http://codes.ohio.gov/orc/3101

In Ohio and Maryland, the age of consent is 16 and the minor can also get married with parental consent. But since it is a same sex marriage, I would have to travel to Maryland.

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Bump. I need help.

You received it. OH will not recognize the marriage. You can at minimum be charged with some sexually related charge involving a minor, up to and including a violation of the Mann Act. We take sexually abusing minors seriously in Ohio. If you want to set ground breaking legislation, try it. I would say the best case scenario is a jury finding of guilty and minimum sentence. You will be required to register as a sexual predator for life and no one will hire or rent to you.

I am sorry I can't be of more help. I'm a layperson with some knowledge. With the way the laws about gay marriage are constantly being passed or revised....I would recommend seeing a local attorney in Ohio to find the correct answers. Just have your info and questions ready. I would think you would need to see a Family Law Attorney, call around and ask the receptionist if they handle gay marriage issues. Find someone who you feel you can trust. Many lawyers offer a free consultation, a few will want some money.

Good luck. :)

You said MOM was willing to consent to the marriage ... what about dad?

If dad or any other legal guardian opposes this, the marriage may have to wait a couple of years.

You're not the only one who needs help. If Mom is seriously considering allowing her 16 year old child to marry, the whole family needs help. At 16, she is simply not old enough to make that kind of life-altering decision, which is why the law sets the legal age to marry at 18 in the first place. And quite frankly, if at 20 you are finding that kind of connection with someone four years younger, it doesn't say a whole lot for you.

(I know, I know. She's much more mature than other 16 year olds and how dare I judge and I don't know either of you. I'm saying it anyway. You surely don't think you're the first one here with this complaint, do you?)

And I'm not saying that because it's a same sex relationship - I'd be saying precisely the same thing if this were an opposite sex relationship.

IMO nobody - opposite sex, same sex, makes no difference - nobody should get married until they're at least 25.

Do yourself a favor - go out and live. Get an education, get yourself in a stable (and I mean stable) financial situation, experience life a bit.

I don't care how mature anyone thinks they are at 16 or 20. Bottom line is, a 16 yo is not in the least bit truly self-aware and honestly? Neither is a 20 yo. You have any idea how much people change b/n the ages of 16 & 25 or 20 & 25. If I had married the people I was with at those ages my life would have been royally f'ed up.

Trust me, you are no different. Marriage is hard enough between two mature adults. What you're contemplating is a recipe for disaster.

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Marriage is hard enough between two mature adults. What you're contemplating is a recipe for disaster.

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Quoted for truth.

Same sex, opposite sex, gender-queer, don't care. No 16 year-old should be permitted to marry. Hell, no 18 year-old should be permitted to marry. I was 21, and that was only just barely old enough. Been married nearly 23 years, but probably would have divorced quickly if we had married earlier.

If my 17 year-old came to me to demand consent to marry his girlfriend, I'd lock his little ass up until he was 21.

30.

I think 30 is reasonable :D

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Quoting dogmatique

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30.

I think 30 is reasonable :d

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LOL!

*mods up*

With the demise of DOMA, you are able to argue that your marriage should enjoy "full faith and credit" in Ohio, which is not to say that an Ohio court will necessarily agree, or that the Ohio courts won't revisit emancipation law in response to claims of emancipation based on gay marriage. The legal dust will settle over the next few years - we can tell you what we think should happen, but there will be legislators, prosecutors and judges who have a different opinion than ours.

By then, she will no longer be a child and you won't want her anyway.

Yep, I was thinking FF&C. I think I'm going to read up on it tomorrow re: same sex marriages. As far as I know, this is one area wherein FF&C hasn't been honored, but I haven't looked into it.

Marriage is difficult. Agreeing on a budget, splitting cooking and housework. Getting private time to yourself.

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With the demise of DOMA, you are able to argue that your marriage should enjoy "full faith and credit" in Ohio, which is not to say that an Ohio court will necessarily agree, or that the Ohio courts won't revisit emancipation law in response to claims of emancipation based on gay marriage.

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My idiot state has refused to recognize same-sex marriages since Massachusetts first legalized them. The legislature and religionistas even went so far as to amend our state constitution to outright ban same sex marriages and the recognition of those performed in other states/countries.

The tide is slowly turning, but the earliest we're going to see any movement is 2014, when we expect to get a repeal of that horrid amendment on the ballot.

"Religionistas?" :wallbang:

Let's not turn this into name-calling. Some of us do happen to hold considered opinions on the other side of this coin, and I'd hate to engage in the sort of emotional melee that might ensue should we engage in a discussion of whether homosexual marriage is right or wrong. I'll hold MY tongue if you agree to hold yours.

Then there are others in this state that support traditional values that only recognize a marriage as being between a man and a woman. I believe same sex marriage is a bit like mixing business and pleasure. Next up... Woman marries Sybian. BTW, I have many bisexual and gay/lesbian friends.

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Quoting LawResearcherMissy

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My idiot state has refused to recognize same-sex marriages since Massachusetts first legalized them. The legislature and religionistas even went so far as to amend our state constitution to outright ban same sex marriages and the recognition of those performed in other states/countries.

The tide is slowly turning, but the earliest we're going to see any movement is 2014, when we expect to get a repeal of that horrid amendment on the ballot.

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It's also possible to accept Biblical based Christianity and still be accepting of gay marriage. I don't live by the dietary rules in Leviticus, either.

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Quoting cbg

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It's also possible to accept Biblical based Christianity and still be accepting of gay marriage. I don't live by the dietary rules in Leviticus, either.

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Uh ... I will refrain ... I hope others will, to, lest we engage in an argument that will NOT be of any benefit to the board.

Or, take the discussion of the right and wrong of it to the "debate" folder where such a discussion can exist in the bliss of those who choose to engage in it.

I have an enormous amount of respect for you, Carl, but as you yourself suggested, I'll not make judgments on your beliefs if you'll not do so on mine.

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Quoting cbg

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I have an enormous amount of respect for you, Carl, but as you yourself suggested, I'll not make judgments on your beliefs if you'll not do so on mine.

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I did NOT do any such thing. I replied to the term "religionistas" ... no comment was made on your beliefs whatever they might be.

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I'll hold MY tongue if you agree to hold yours.

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I most certainly will NOT.

The Founders based this country on the premise that ALL are created equal. I don't care what your god or anyone else's god has to say about marriage Any marriage.. (My gods are silent on the topic, mostly. Essentially, their position is "whatever blows your hair back".)

So, the Founders say that we are all equal. Their word is literally law here, not ANYONE'S religious beliefs. If we are all equal, then ALL of us are entitled to ALL of the rights.

You are welcome to your religious beliefs. The First Amendment guarantees that. But your religious beliefs do not govern me, and they bloody well WILL NOT govern this country, or I will be more than happy to instigate whatever means necessary, up to and including bloody revolution, to keep our government and laws religiously neutral. Religion has no place in government.

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Quoting LawResearcherMissy

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I most certainly will NOT.

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This is supposed to be a legal forum, not a forum to denigrate the beliefs of others as you intended with your comment. If you wish to get into a discussion or an argument on the morality of homosexuality or gay marriage, we can take it to a debate folder, but it has NO PLACE here.

Yes, you have free speech as do I. But, THIS IS NOT THE PLACE to engage in such a discussion as it will inevitably result in hurt feelings, banning or suspensions from this board for some of us, and will result in nothing good for this board.

As I said, if you want to discuss this, we can take it to a more appropriate place. This is not it.

Sugar, I don't CARE about your idea of the "morality" of marriage.

I care about the LEGALITY. If the Founders, the writers of our original law, say that we are all equal, why should it be legal to declare some people more equal than others? All citizens are equal, therefore all people get all of the rights.

It ain't rocket science. It's simple law. Either we're all equal under the law or we're not. If we're not, the reason needs to be better than "my god said".

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Quoting LawResearcherMissy

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Sugar, I don't CARE about your idea of the "morality" of marriage.

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Honey, apparently you do. Since you felt the need to denigrate those who think other than you do with the little jab about "religionistas" ... or was that a failed attempt at humor? Yeah, I know, it's socially and politically acceptable to take pops at those who hold certain religious values, but it doesn't mean we need to sit and take it in silence.

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I care about the LEGALITY. If the Founders, the writers of our original law, say that we are all equal, why should it be legal to declare some people more equal than others? All citizens are equal, therefore all people get all of the rights.

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No one - certainly not I - said you should not post on the legal issues involved. But, it would be best to keep to the legal issues involved rather than a jab at those whose values you do not agree with.

It's cute that you think I give a saturated rodent's behind about your religious beliefs.

I really, truly don't. Until people start trying to sneak them into the laws of a secular society. THEN there is a problem, and I will fight against that problem at every turn, because I believe in the Founders, I believe in the legal equality of all humanity, and I don't care who is upset by that.

No one called you any names Carl. Didn't Jesus say something about faith like a mustard seed being enough to make anything possible? Including not being so pre-emptively defensive about your personal beliefs, which I in fact did not address? Mustard seed, man.

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Quoting LawResearcherMissy

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It's cute that you think I give a saturated rodent's behind about your religious beliefs.

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Apparently you do, because you made a comment about those who you think do not believe as you do.

Fact of the matter is, you do not know what I believe as I have not made any comment. I know you think you know, but since it is not an issue in this thread, it is not relevant.

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No one called you any names Carl. Didn't Jesus say something about faith like a mustard seed being enough to make anything possible? Including not being so pre-emptively defensive about your personal beliefs, which I in fact did not address? Mustard seed, man.

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Well, that's not quite on point, but I understand what you're driving at. We can discuss the issue of the mustard seed elsewhere, also.

Perhaps you should look back and ask yourself why the use of the term "religionista." If NOT to denigrate or belittle those who hold a religious belief that might oppose gay marriage, why use that term? Hmm??

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If NOT to denigrate or belittle those who hold a religious belief that might oppose gay marriage, why use that term? Hmm??

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Because I don't have the time and inclination to delineate every religion, religious sect, and cult that threw a collective tantrum and demanded that their hatred be codified into law, that's why. It's a generic term, Carl, not an insult. But you can be offended if it pleases you.

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Quoting LawResearcherMissy

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Because I don't have the time and inclination to delineate every religion, religious sect, and cult that threw a collective tantrum and demanded that their hatred be codified into law, that's why. It's a generic term, Carl, not an insult. But you can be offended if it pleases you.

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Had it not been intended as a denigrating term, you would not have posted it. It's hardly a generic term.

As it pleases you, dude.

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Quoting LawResearcherMissy

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As it pleases you, dude.

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And you, dudette.

.... I don't think I've been called "dude" since the 80s! :cool: