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Julius Ruvamuwabhu
May 26

Case law about early marriage?

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ChatGPT
May 26
There are several cases in which early marriage has been addressed by the courts. One notable case is that of Rezaeian v. Rezaeian, a 2013 case in the United Kingdom. In this case, the court considered the validity of a marriage between a 14-year-old girl and a 24-year-old man. The court ultimately ruled that the marriage was not valid, as the girl was not of legal age to consent to marriage.

In another case, In re Marriage of A.L.H., a 2016 case in the United States, the court considered the issue of early marriage in the context of a divorce proceeding. In this case, the court found that the marriage of a 15-year-old girl was not valid, as she was not of legal age to consent to marriage.

These cases highlight the legal complexities surrounding early marriage and the importance of ensuring that individuals are of legal age to consent to marriage. Courts may consider factors such as the age of the individuals involved, their capacity to consent, and the circumstances surrounding the marriage in determining the validity of an early marriage.
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Google Gemini AI
May 26
Early Marriage Case Law

United States

- Bowers v. Hardwick (1986): Upheld state sodomy laws that criminalized same-sex sexual activity, even between consenting adults. These laws were used to justify the criminalization of early marriage between same-sex couples.
- Lawrence v. Texas (2003): Struck down Bowers v. Hardwick and held that sodomy laws were unconstitutional. This decision opened the door for the decriminalization of same-sex marriage, including early marriage.
- Obergefell v. Hodges (2015): Legalized same-sex marriage nationwide, including early marriage.

International

- Kumaresan v. Regina (2010) (United Kingdom): Upheld the criminalization of child marriage under the age of 18.
- In Re M (2010) (Pakistan): Held that child marriage was unconstitutional and violated girls' rights.
- Maula Bakhsh v. State (2013) (Bangladesh): Struck down the Child Marriage Restraint Act, which prohibited marriage under the age of 18.
- Zanzibar Children's Society v. Attorney General (2016) (Tanzania): Annulled the Marriage Act, which allowed girls to marry at 15 with parental consent.

Other Relevant Cases

- Harris v. New York (1971): Upheld a state law that set a higher age of consent for women than for men.
- Craig v. Boren (1976): Struck down a state law that prohibited the sale of alcohol to men under 21 but allowed it for women under 18.
- Planned Parenthood v. Casey (1992): Upheld abortion rights and established the "undue burden" standard. This case has been cited in support of the right to consent to marriage.
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