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BGH considers child marriage regulations to be unconstitutional
“The ruling, which effectively opens the door to legalizing Sharia-based child marriages in Germany, is one of a growing number of instances in which German courts are — wittingly or unwittingly — promoting the establishment of a parallel Islamic legal system in the country,” writes respected journalist Soeren Kern in a report for the Gatestone Institute.
The Justice Minister of Hesse, Eva Kühne-Hörmann, asked: “If underage persons — quite rightly — are not allowed to buy a beer, why should the lawmakers allow children to make such profound decisions related to marriage?”
Religious or cultural justifications obscure the simple fact that older, perverse men are abusing young girls,” said Rainer Wendt, head of the German police union
The proposed law allows youth welfare workers the right to take married children into state care even if they were legally married abroad and, if deemed necessary, separate them from their spouses.
Exceptions are also possible if the couple were married as children but are now both adults and want to stay married.
Under the bill, any attempts to marry minors in traditional or religious celebrations rather than state ceremonies will be punished with a fine.
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.
originally posted by: OtherSideOfTheCoin
I don’t even need to read into this but I can say confidently that no, you cannot marry children in Germany.
This reminds me a big of that headline about chemicals in the water turning frogs gay.....if it sounds to crazy to be true then it’s probably not true. This absolutely reeks of fake- news in my opinion
In September 2016, the German Interior Ministry, responding to a Freedom of Information Act request, revealed that 1,475 married children — including 361 children under the age of 14 — were known to be living in Germany as of July 31, 2016.
By shielding the Syrian couple from German law, the court has not only legitimized the use of Sharia law to determine the outcome of legal cases in Germany, it has also established a precedent that will almost certainly be used in the future by defenders of child marriage and other foreign laws. Moreover, by insisting that the legitimacy of child marriages be examined on a case-by-case basis, the court has opened the door to so-called cultural exceptions, namely those enshrined in Sharia law, which does not set any age limit to marriage.
originally posted by: NthOther
a reply to: ManyMasks
The best trick they've pulled off to date is in getting everyone to believe that they aren't already in full control--that the "takeover" is just around the corner.
The NWO is not tomorrow. It was yesterday.
The minimum age for marriage in the United States is set by each state. Unlike most Western countries, 18 of the U.S. states do not have a legal minimum age of marriage. Individuals aged 18 have the free ability to marry in the United States states, except in Nebraska (19) and Mississippi (21). In addition, no state, except Delaware and New Jersey, forbid minors to marry in certain circumstances, such as parental consent, judicial consent, pregnancy, or a combination of these situations. In half of the states, children under 16 can be married too. In the 32 states [1] which have an absolute minimum age set by statute, this age varies between 14 and 18, while in 18 states there is no statutory minimum age if other legal conditions are met. Although in such states there is no set minimum age by statute, the traditional common law minimum age is 14 for boys and 12 for girls - ages which have been confirmed by case law in some states.[2] Over the past 15 years, more than 200,000 minors married in US, and in Tennessee girls as young as 10 were married in 2001,[3] before the state set a minimum age of 17 in 2018.[4]
My question is how come a barbaric set of laws known as Sharia law is allowed, slowly but certainly to overcome the laws of a civilized society
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)