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originally posted by: PublicOpinion
a reply to: WhiteHat
It's the BGH asking our BVerGE if individual examinations wouldn't be the better way to go about this ban from 2017. And they didn't even decide the case as of yet, so no.
Also wandte sich der BGH an das BVerfGE und erbat eine Prüfung, ob für die Wirksamkeit einer Kinderehe nicht besser eine Einzelfallprüfung vorgenommen werden müsse. Sonst könne insbesondere der im Grundgesetz verankerte Schutz der Ehe und Familie, aber auch der Gleichbehandlungsgrundsatz verletzt werden.
Nun soll das Bundesverfassungsgericht eine grundsätzliche Entscheidung treffen. (er)
Bun desverfassungsgericht soll Rechtmäßigkeit einer syrischen Kinderehe prüfen
According to OLG Bamberg, the marriage between the 14-year-old and her 21-year-old cousin is effective
In a bid to protect girls who were married abroad but sought asylum in Germany, the German parliament on June 1, 2017 had passed legislation banning child marriages. The so-called Law to Fight Child Marriage (Gesetz zur Bekämpfung von Kinderehen) set the minimum age of consent for marriage in Germany at 18 years and nullified all existing marriages, including those contracted abroad, where a participant was under the age of 16 at the time of the ceremony.
Germany's Federal Court of Justice, in its ruling, published on December 14, 2018, stated that the new law may be unconstitutional because it violated Articles 1 (human dignity), 2 (free development of personality), 3 (equal protection) and 6 (protection of marriage and family) of the Basic Law, which serves as the German constitution. The court also ruled that the new law cannot be applied retroactively, and therefore cannot apply to the Syrian couple, who were married in February 2015.
"In the end, it is a question of principle to what extent Germany wants to accept foreign law, which is completely contrary to our law on important issues. It took centuries to remove the Middle Ages from our law; we must not now bring it back for reasons of alleged tolerance or 'individual case consideration.' Rather, we must say that in Germany, German law applies to all, especially in important legal interests such as life, health — or just the welfare of the child, with an immutable age limit for marriages.
"We should consider one more thing: judgments are made 'in the name of the people.' This people has clearly expressed through its representatives in the Bundestag that it no longer wants to recognize child marriage."
originally posted by: Ohanka
You think this is bad, it'll only get worse.
There's a push from elements of the extreme and radical left (and by left I mean self-proclaimed progressives) to rationalise and normalise pedophilia, some want it to become socially accepted behaviour akin to how society accepted gay people. Others just want it to just be another "mental illness" that they should be supported to live with. We should "love" and "accept" them and try to "understand" them.
I've seen the term "pedophobia" used akin to homophobia, ignoring that fear of a child molester is a perfectly rational thing.
But gays aren't sick evil #s like pedos. If I was gay I would frankly be insulted by lumped in with the pedophiles as part of a horrific abortion of a "rights" movement. It's the very same propaganda that was used against gays back in the day.
Thankfully this isn't a particularly large movement and nor is it mainstream. Generally it isn't accepted by the left at all and rightfully so. But it will be trouble if it becomes one. Imagine being arrested for "hate speech" against pedo garbage.
I imagine they get along just fine with those people who think we should accept horrific behaviour such as child marriages because it is "part of their culture". Well i'm sorry but we have a different culture in the west that doesn't accept forced pedophile child marriage, and frankly if they don't like it they should leave.
Personally I'd have every single pedophile lined up against the wall and shot, "culture" or not. But I guess i'm just an evil pedophobe.
So in the meanwhile the case is suspended from the Federal Court of Justice and sent to the Federal Constitutional Court.
If the ban on child marriage is found unconstitutional they will be able to approve some and reject others on case by case basis.
This is not political in the slightest for me. Is about common sense, or the obvious lack of it.
originally posted by: lakenheath24
a reply to: JBurns
Better add mormons to that list. lol
Between 2000 and 2015, over 200,000 minors were legally married in the United States.[2] The vast majority of child marriages were between a child and an adult.[3][2] The majority of married children were girls.[2] As of October 2018, 48 out of 50 U.S. states have exceptions in their laws which allow children to marry (In 2018, Delaware[4] and New Jersey[5] became the first two states to completely ban child marriage). Of the 48 states which allow child marriage, 18 have no minimum age for minors to marry, under certain conditions[6][7], while 32 have a minimum age (ranging from 14 to 17). In addition, the District of Columbia and several US territories (such as Puerto Rico) allow children to marry.[8] Since 2016, several states have raised their minimum age for minors to marry, or added a minimum age when they previously did not have one.[9] In many cases, minors in the US are married when they are under the age of sexual consent in their area (which ranges from 16 to 18).[10] In some areas minors cannot legally divorce, leave their spouse, or enter a shelter to escape abuse.[11][12] In 2010 in Tennessee, three 10-year-old girls were married to men aged 24-31.[3] Meanwhile in Alabama, a 74-year-old man married a 14-year-old girl.[2] Both states have since set minimum ages, of 17[13] and 16 respectively.[14]
Two Democratic lawmakers have introduced bills to prevent marriages in Tennessee where a party is under 18 years of age, after a national nonprofit cited three cases in the state where 10-year-old girls were married to adult men.
originally posted by: PublicOpinion
a reply to: WhiteHat
Yes. The case highlighted the constitutional rights of a (willingly) married couple, hence their decision.
You see, this is the point. The case highlighted the constitutional rights of a man who married a 14 years old girl and now he claimed her back.
"willingly" as in a 14 years old girl can "willingly" marry her 21 years old cousin? I imagine you really believe that.
Maybe is news for you but there is no such thing as "willingly" for the muslim woman under Sharia law.
And constitutional rights applies from age 18 and up, if I'm not mistaken. Until then is "children rights".
edit on 2-1-2019 by WhiteHat because: (no reason given)
"willingly" as in a 14 years old girl can "willingly" marry her 21 years old cousin? I imagine you really believe that.
originally posted by: PublicOpinion
a reply to: WhiteHat
"willingly" as in a 14 years old girl can "willingly" marry her 21 years old cousin? I imagine you really believe that.
How old is she now, 17? So she'll have to wait another year to make up her own mind and her hubby has no such rights because he's a refugee?
Sure. And in other news: you're still a tad butt sore due to my heretic 2nd amendment analogy.