15 yr old can marry but can't make abortion decisions

bimshire

DIS Veteran
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Dec 8, 2004
Messages
1,178
In Colorado a 15 yr old can enter into a "common law marriage"

http://jurist.law.pitt.edu/paperchase/2006/06/colorado-appeals-court-rules-15-year.php

But a 15 yr old in Colorado cannot make a decision to have an abortion without parental consent.

http://www.plannedparenthood.org/pp...orado.xml#1097082465239::-7426884705418680018

Doesn't seem to make much sense. It seems that a girl who is allowed to marry without going thru the "emancipation process" should be able to make decisions on her reproductive health.
 
Doesn't a common law marriage generally require that they represent themselves as husband and wife, which implies at least, that sex is taking place?

Isn't sex with a minor against the law?

Isn't anyone under 18 a minor?

Wouldn't that mean that since a minor can not consent to sex, that she could not consent to marriage?

I am so confused.
 
Common-law marriage doesn't require sexual relations; it requires only co-habitation and presentation to the world as husband-and-wife.
 
So, when the courts decide that a minor was abused because consensual sex can not be consensual due to her age, how do they KNOW there were sexual relations in the absence of a pregnancy. The teen just says so? Always?

The teens in these common law relationships, never tell anyone there is sex and never become pregnant? That would seem to be the only way to be able to assume a don't ask/don't tell kind of policy, which seems to be what the law takes on.

Once the teen becomes pregnant or tells someone there is sex in the relationship, then what? THEN does the teen's husband get brought up on charges of sex with a minor?

It just seems to me that USUALLY marriage does involve sex, and that therefore this law is at odds with minors not being able to consent.

How does it seem to you?
 

Who's to say that her "husband" is the father of her child?
 
bicker said:
Who's to say that her "husband" is the father of her child?
I think that by law, when a married woman becomes pregnant, the husband is assumed to be the father, unless she legally declares otherwise.
 
No, that's not the law (in Massachusetts or New York, the states I know best) at least. I believe, actually, that such a law would be unconstitutional here.
 
I just think it's very strange that a young man of age (18,19,20) can be arrested for having consensual sex with an underage teen but if they were to move in together and say "This is my husband" "This is my wife", it's suddenly fine.

I don't know the wording of the law, but I believe I have heard that an underage teen is not able to consent to sex, because she is a child, but she CAN consent to marriage?

Children can marry, but just can't have sex. In whose world does this make sense?
 
In the world where marriage at age 15 used to be commonplace. While most of us have moved on from that world, our laws still respect those who hold to more traditional values.
 
bicker said:
In the world where marriage at age 15 used to be commonplace. While most of us have moved on from that world, our laws still respect those who hold to more traditional values.

More like whenever the girl had her first period and was ready to have children, no matter how young that may be.
 


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