Dear Mary...

Lo, many moons past, on Thu, 11 Mar 2004 16:25:31 GMT, a stranger
called by some "Gord Beaman" ) came forth and
told this tale in us.military.army

Larry Kessler wrote:
--cut--
Redefining marriage to permit members of the same sex to enter into it
would not remove the legal requirement that they both be capable of
informed consent. Sheep can't give informed consent, because they
lack the mental ability to understand the concept of marriage. Sorry
to disappoint you.

That's a slippery slope that you're treading there Larry...you're
saying that before a human can consent to marriage he/she could
be challenged to show that he/she has the mental capacity to
understand the concept of marriage. Pretty hard to prove I'd say.

Actually, it's very easy to prove. The point has been made in several
cases involving the developmentally disabled when they wish to marry.
In general, it boils down to a couple of issues.

Can the person take care of themselves in modern society? Can he/she
buy groceries, remember to wear a raincoat in a storm, ask for help,
remember where he/she lives, etc.

Can the person acknowledge, in writing or verbally, to a judge's
stisfaction that he or she understands what marriage is, and what it
requires? This is a pure judgement call on the part of the judge,
burt most are willing to accept that DD's who can explain themselves
can understand what they are asking for.



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