I heard that Kate’s family is looking into being Kate’s legal guardian – a situation which I feel should never be used unless absolutely necessary. I was doing some research on the laws in Michigan when it comes to marriage and disability. I’m very scared now.I have always wanted to patch it together and one day marry Katelyn, but if Katelyn gets a guardian I can not marry her. According to the law:
. No person who has been confined in any public institution or asylum as a feeble-minded, imbecile or insane patient, or who has been adjudged insane, feeble-minded or an imbecile by a court of competent jurisdiction, shall be capable of contracting marriage without, before the issuance by the county clerk of the license to marry, filing in the office of the county clerk a verified certificate from 2 regularly licensed physicians of this state that such person has been completely cured of such insanity, imbecility or feeble-mindedness and that there is no probability that such person will transmit any of such defects or disabilities to the issue of such marriage. Any person of sound mind who shall intermarry with such insane person or idiot or person who has been so confined as a feeble-minded, imbecile or insane patient, or who has been so adjudged insane, feeble-minded or an imbecile, except upon the filing of certificate as herein provided, with knowledge of the disability of such person, or who shall advise, aid, abet, cause, procure or assist in procuring any such marriage contrary to the provisions of this section, is guilty of a felony and on conviction thereof in any court of competent jurisdiction shall be punished by a fine of not more than $1,000.00 or by imprisonment in the state prison not less than 1 year nor more than 5 years, or by both such fine and imprisonment.
The Mental Health Code States:
A “mentally incompetent person” is one who is so affected mentally as to be deprived of
sane and normal action or who lacks sufficient capacity to understand in reasonable manner
the nature and effect of the act he is performing.
So basically in summary, if Katelyn’s parents get guardianship of Kate – I am committing a felony by marrying her. Marriages have been ruled canceled in Michigan as recent as 1999 if someone had a guardian appointed.
If you would like further reading on this topic here are two suggestions
http://www.sccmha.org/quality/recipient-rights-training/session02A.pdf
http://www.michbar.org/journal/pdf/pdf4article249.pdf
I peronally think having an advocate is much better in almost any situation.
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{ 3 comments… read them below or add one }
Is that compatible with the United Nations convention on Disability Rights that the US has ratified?
It is not in my opinion compatible with God’s law.
No state has any right to prescribe or legislate as to what shall be a lawful marriage whatever, nor any Church for that matter. Only God can rule on that!
…that there is no probability that such person will transmit any of such defects or disabilities to the issue of such marriage.
Holy crap! That sounds like a law from about 1900.
It would be good to see if that law hasn’t been superseded by some other law.
I wish I could say more than good luck. You got a battle on your hands.
I would also like to know WTF is “sound mind” I don’t see many exemplars of that in the US judiciary.
It is a cultural measure an imposition by the self congratulating economically succesful legislators.
It does really scare the hell out of me, one of the reasons why I do not want to apply for a visa to enter the US without some sort of international diplomatic protection. (same goes for Canada, as for the whole of Europe, hey it is my Oyster, bescheissen sie sich! )
Love knows no borders, no boundaries.