Brief History of Domestic Relations Law Self-Quiz
Tommy is a
resident of Utah and a practicing Mormon. Although he is already married
with three children, he has an interest in marrying the 17-year-old daughter
of his best friend—for religious reasons. When he goes to apply
for a marriage license for his second wedding, he will have no problem
getting the license.
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Francine lives
with her daughter and two grandsons. Recently, the city where they live
passed an ordinance that made it illegal for extended families to live
in the same household. If Francine sues to maintain her current living
arrangement, which law will govern the court’s decision?
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Shawn and
Maria live in a small town in Texas. They want to get married and go to
their local clerk to apply for a marriage license. The clerk refuses to
grant them a license because the city where they live objects to their
type of proposed marriage—Shawn is Asian and Maria is Hispanic.
Since marriage is regulated on a local level, the clerk in their small
town can derail their marriage plans.
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When the U.S.
Supreme Court in Eisenstadt v. Baird, 405 U.S. 438 (1972) stated: A “right
of the individual, married or single, to be free from unwarranted governmental
intrusion into matters so fundamentally affecting a person . . . .”
what right were they referring to?
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Historically,
women were forbidden from doing the following upon marriage:
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