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Thread: Court halts Calif. gay marriages pending appeal

  1. #241
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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by rivrrat View Post
    Depends on your state.
    Please.. A license is only setting the requirements to obtain the permission to peform an act. It is NOT by any definition, and certainly not in the context of marriage, a contract that binds any of the three parties together. Period!


    Tim-
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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by Hicup View Post
    So is my drivers license a contract. What are the promises, in law, specific to marriage that, I must fulfill, or not break? I must be a man, or a woman, not already married, of legal age, and uncoerced, inter alia in order to recieve my license. There, now I'm married. Now what performance standard, in law, am I bound to? What legal obligation do I have to my spouse, or the state, specific to marriage?
    It depends on the specifics between the two people in the contract. For some, something like infidelity is breech of contract. The full break condition is no longer wishing to be married. Because it is a contract, you must have the contract dissolved by a court. Once one or both parties no longer wish to be considered married and reap the contractual privileges which come with it; they can go to the courts to have the contract nullified. If it's a both party sort of thing, there is no fault. Which merely means that neither party involved wishes to remain married. There are fault divorces through which activity of one, and it can be illegal doings or cheating or any number of reasons, and that can be brought forth by one party to show breech of contract as to what was expected in the particular relationship. That breech can be considered significant enough to warrant dissolving the contract.
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  3. #243
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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by Hicup View Post
    Please.. A license is only setting the requirements to obtain the permission to peform an act. It is NOT by any definition, and certainly not in the context of marriage, a contract that binds any of the three parties together. Period!


    Tim-
    Holy ****. Are you serious? That IS the contract. There is nothing else binding but the signed marriage license. Nothing. (aside from a pre-nup) What the hell do you think the contract IS if not the license? By signing the license, you're agreeing to state marriage laws. In some cases, it means if you cheat on your spouse, they get an uncontested divorce and they get everything. That's just one simple example. What else BUT the license would put the two people in legal contract together?

    All that is required to get married is that license. You get it, you sign it, an officiate signs it, the officiate submits it and guess what? You're ****ing married. That's all that's required. 3 signatures. (sometimes 5 if the state requires witnesses to the signing) Basically, it's a notorized document. That is all that makes you married. Signatures on a document (contract).

    So please do attempt to tell us what, if not that license/contract, would be the legally binding marriage contract? Since that license/contract is all that's required.
    Last edited by rivrrat; 08-17-10 at 04:44 PM.

  4. #244
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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by rivrrat View Post
    Holy ****. Are you serious? That IS the contract. There is nothing else binding but the signed marriage license. Nothing. (aside from a pre-nup) What the hell do you think the contract IS if not the license? By signing the license, you're agreeing to state marriage laws.
    I would argue that the marriage license is not a contract. It is a license, hence the name. If you want a contract, you've got to write one up and sign it (pre-nup) otherwise you're left to whatever statutory arrangement exists. A license is not always required for the state to recognize a marriage as "valid."
    Last edited by Taylor; 08-17-10 at 05:19 PM.

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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by rivrrat View Post
    Holy ****. Are you serious? That IS the contract. There is nothing else binding but the signed marriage license. Nothing. (aside from a pre-nup) What the hell do you think the contract IS if not the license? By signing the license, you're agreeing to state marriage laws. In some cases, it means if you cheat on your spouse, they get an uncontested divorce and they get everything. That's just one simple example. What else BUT the license would put the two people in legal contract together?

    All that is required to get married is that license. You get it, you sign it, an officiate signs it, the officiate submits it and guess what? You're ****ing married. That's all that's required. 3 signatures. (sometimes 5 if the state requires witnesses to the signing) Basically, it's a notorized document. That is all that makes you married. Signatures on a document (contract).

    So please do attempt to tell us what, if not that license/contract, would be the legally binding marriage contract? Since that license/contract is all that's required.
    With all due respect, you're not in any way understanding what a license does in the context of the law, much less how it applies to marriage. I can't help you any further on this matter. next..

    edit - Ok I will help, but only becauase I care about you.

    read this and tell me if you still hold to your opinion? Marriage licence - Wikipedia, the free encyclopedia


    Tim-
    Last edited by Hicup; 08-17-10 at 05:31 PM. Reason: Adding comment
    “When buying and selling are controlled by legislation, the first things to be bought and sold are legislators.” - P. J. O’Rourke
    “Socialism is great until you run out of someone elses money” Margaret Thatcher

  6. #246
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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by Taylor View Post
    I would argue that the marriage license is not a contract. It is a license, hence the name. If you want a contract, you've got to write one up and sign it (pre-nup) otherwise you're left to whatever statutory arrangement exists. A license is not always required for the state to recognize a marriage as "valid."
    No, it's a contract. Otherwise you wouldn't need to go to court to nullify it and release oneself from it.

    Quote Originally Posted by Hicup View Post
    With all due respect, you're not in any way understanding what a license does in the context of the law, much less how it applies to marriage. I can't help you any further on this matter. next..

    edit - Ok I will help, but only becauase I care about you.

    read this and tell me if you still hold to your opinion? Marriage licence - Wikipedia, the free encyclopedia


    Tim-
    It's a contract. You take on certain obligations, and gain certain privileges by entering into it. If it was just a license, you wouldn't need to go to court to get out of it. The license is called that only because you have to qualify in order to ENTER INTO said contract. You must first meet qualifications (aka, get a license), but once the license is signed and "notarized" (via the officiate and witnesses if necessary) then it becomes a contract.

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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by rivrrat View Post
    No, it's a contract. Otherwise you wouldn't need to go to court to nullify it and release oneself from it.
    You go to court to nullify your marriage not your marriage license.

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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by Taylor View Post
    You go to court to nullify your marriage not your marriage license.
    The marriage is marked void by voiding the marriage license.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

  9. #249
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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by Ikari View Post
    The marriage is marked void by voiding the marriage license.
    No, it is typically voided by a Judgment of Dissolution of Marriage or other court order.

  10. #250
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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by Taylor View Post
    You go to court to nullify your marriage not your marriage license.
    Can you believe Rivrrat is arguing this? Is it so hard on this forum to admit youi made an error, and move on? Rivrrat? It's okay, really, no one thinks you're stupid, just admit you understood the two things to be something else..

    We're here for you.


    Tim-
    “When buying and selling are controlled by legislation, the first things to be bought and sold are legislators.” - P. J. O’Rourke
    “Socialism is great until you run out of someone elses money” Margaret Thatcher

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