If a teenage couple get married in one state or country, then visit another state or country where one or both of them is below the legal age of consent, do they have to refrain from having sex while in the second place?
I have no personal reasons for asking this question. I'm just interested in finding out the answer, having followed a debate on related legal issues in the newspapers where I live. (I asked a similar question some time ago on this forum and got a variety of different and contradictory answers--so maybe there will be more success this time around.) No guesses please--just answer if you know the answer. Thanks!
2007-05-20 21:44:19 · 6 answers · asked by 2kool4u 5 in Politics & Government ➔ Law Enforcement & Police
The U.S. Constitution has a "Full Faith and Credit" Clause (Article 4, Section 1). It says:
"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."
There are some limitations (the most controversial one being same-sex marriage), but it does apply to same-sex marriage licenses. It basically says that if you legally obtain it in one state, the other states have to recognize it.
As to getting married in other countries, I'm sure that's a much shakier issue, depending on the ages and what country they were married in. I'm not sure about the details for international "Full Faith and Credit."
Of course, if you ever do have any personal reasons for this, consult *real* legal counsel.
2007-05-20 21:55:22 · answer #1 · answered by Tony R 3 · 0⤊ 0⤋
Usually if two people are married they are considered emancipated. Means they are considered by the law to have lost their juvenile status.
Besides age of consent usually kicks in. For example, its not illegal in many states for two 15 year olds to have sex. Things usually don't start falling apart legally (for the non-married fornicating people out there) until there are significant age gaps, unusually young individuals, or the odd law that someone dreamed up.
State law will vary and of course if you're in a foreign country (I'm American) all bets are off.
Oh yeah, if you are ever in doubt about a girl's age (even a little) then you should probably run for the hills. There are plenty of women out there old enough and willing enough.
2007-05-21 04:58:11 · answer #2 · answered by El Scott 7 · 0⤊ 0⤋
The answer is no they do not have to refrain from having sex. If a marriage is considered legal in just one state and falls in line with the federal governments definition of marriage, then all states are subject to honoring it.
Not a guess.
2007-05-21 05:34:20 · answer #3 · answered by cruiser007 2 · 1⤊ 0⤋
It would depend on state law, in California there is an exemption in the section for couples that are married.
261.5. (a) Unlawful sexual intercourse is an act of sexual
intercourse accomplished with a person who is not the spouse of the
perpetrator, if the person is a minor. For the purposes of this
section, a "minor" is a person under the age of 18 years and an
"adult" is a person who is at least 18 years of age.
2007-05-21 04:47:04 · answer #4 · answered by trueblue3167 4 · 0⤊ 0⤋
Once they are married, as long as it was legal in the state in which they got married, they are married anywhere they go.
2007-05-21 06:04:03 · answer #5 · answered by PEGGY S 7 · 0⤊ 0⤋
Look up the term "Full faith and credit" and you'll see that it would not be illegal in the USA. In another Country? No idea.
2007-05-21 05:53:41 · answer #6 · answered by chuck_junior 7 · 0⤊ 0⤋