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rodbarnett Donating Member (577 posts) Send PM | Profile | Ignore Wed Mar-24-04 01:39 PM
Original message
Unmarried Parents May Be Forced to Split
WILMINGTON, N.C. -- An unmarried couple who are the parents of a 2-year-old child may be forced to separate because cohabitation is illegal in North Carolina and would violate the woman's probation.

Melissa Sheridan said she has about two years of probation left for welfare fraud in New York state. She moved to North Carolina a few months ago with her boyfriend, John Finger.

New York allowed her to leave with the assumption North Carolina would supervise her probation, but North Carolina has refused because she and Finger live together, she said.

Terry Gootee of the 5th Judicial District's Division of Community Corrections said North Carolina routinely refuses to accept cases involving cohabitation.

"We cannot allow that person to violate the law," he said.

Gootee said cohabiting couples have three choices: Get married, move to another state or set up separate households.

http://www.newsday.com/news/nationworld/wire/sns-ap-unmarried-probation,0,5568839.story?coll=sns-ap-nationworld-headlines
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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 01:41 PM
Response to Original message
1. Handmaid's Tale
Here we go.
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bubblesby2002 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 01:45 PM
Response to Reply #1
2. Don't even say that - it scares the s**t out of me.
But I think you're right.
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okieinpain Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 02:00 PM
Response to Reply #2
3. but not to bad for the fellows!!
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Prodemsouth Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 05:32 PM
Response to Reply #3
15. Did you read the book or watch the movie? Only a "fellow" who had
Edited on Wed Mar-24-04 05:33 PM by Prodemsouth
power, could have sex (Commanders and Angels) and a handful of men with econo-wifes. The others Guardians could not unless arranged covertly (as was done by the commander's wife and the handmaid, with the guardian servant in both the book and movie).
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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 02:04 PM
Response to Reply #2
5. When They Start Shipping
Old bags like me down to Cancer Alley, RUN! Flee to Canada!

:)
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Supormom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 03:26 PM
Response to Reply #1
8. My first thought also.
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Bush Pouts Donating Member (13 posts) Send PM | Profile | Ignore Wed Mar-24-04 04:06 PM
Response to Reply #1
12. Can you even believe that law!
Amazing
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David__77 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 02:02 PM
Response to Original message
4. This law should be challenged.
I think it would be ruled unconstitutional. We need these laws to be voided even though they are rarely enforced. It's important for the cultural progress of the country.
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GoddessOfGuinness Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 02:56 PM
Response to Reply #4
7. Absolutely
If somebody's got to lose their job, it ought to be the bedroom police.

What about unmarried couples who do not have sex but live in the same house? Is this cohabiting?

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dolo amber Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 05:18 PM
Response to Reply #4
14. Hmmm....<scratches head>....
It really should be challenged.. if we could only find 2 unmarried DUers living together in North Carolina we could talk into doing it ...:evilgrin:

Dolo and Shortbus President's "Breakin' the Law 2004 Tour" t-shirts available upon request.

;)
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 02:41 PM
Response to Original message
6. So, how many North Carolinians just became criminals?
About a million or so, I'd say, including some DUers.

Criminetly. Define "cohabitation", please. If I were to pursue graduate study at Chapel Hill, and I happen to have a roommate who is female, or gay, are we "cohabiting"? Or does the law* require a romantic interest be involved?

I'm envisioning a remake of "Three's Company" set in the Tar Heel State. Not a pretty picture. Thanks a lot, guys. Maybe it could be followed by a special two-hour reunion movie in which Sheriff Andy Taylor and Barney Fife knock on every single door in the state to see if they can ferret out some cohabiters and throw 'em in the cell with Otis the drunk.

Meanwhile:

Gootee said cohabiting couples have three choices: Get married, move to another state or set up separate households.

Bzzzzzzzzzt! Wrong answer. If it's a gay couple, they have three choices: move to another state, set up separate households -- or tell Gootee to take the autographed Jesse Helms photo off his wall and shove it... well, you get the idea.

</rant>
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BR_Parkway Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 03:26 PM
Response to Reply #6
9. This isn't new in NC
Edited on Wed Mar-24-04 03:30 PM by BR_Parkway
"U.S. Magistrate Judge Carl Horn, for example, is busy enforcing a North Carolina law passed in 1805 which makes it illegal for residents of that state to cohabitate. Typically Horn enforces the law during bail hearings that come before him. One of the questions he asks those seeking to be released on bond is whether or not they are living with a member of the opposite sex. If they are, but are not married, Horn denies the bond request until the two marry or stop living together.

A story in The Charlotte Observer seemed to find this situation amusing, but it's a little absurd to have the federal government dictating living arrangements in this way. Some of the folks faced with staying in jail or getting married choose to get married, which Horn seems to see as a success. One has to wonder, however, how many of these quickie marriages done to satisfy a bail requirement really last.

Such laws need to be vacated by the legislature.

Source: http://www.charlotte.com/0405fornication.htm Halt cohabitating or no bail, judge tells defendants. Eric Frazier and Gary L. Wright, The Charlotte Observer, April 5, 2001.

-------------------------------
The idea of amending the Constitution to define marriage has more reprucussions for unmarried straights then they might realize.

http://www.unmarriedamerica.org/laws-affecting.html

"Criminal Laws:

Unmarried cohabitation:

Eight states continue to make it a crime for an unmarried man and a woman to cohabit together: Florida, Idaho, Michigan, Mississippi, North Carolina, North Dakota, Virginia and West Virginia fall into this category. Arizona and New Mexico decriminalized unmarried cohabitation in 2001.
"



http://www.unmarriedamerica.org/laws-affecting.html


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KTM Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 07:33 PM
Response to Reply #9
17. Dolo, can we share a cell ?
:evilgrin:

Actually my...um... roommate justg raised a valid point... isn't there some sort of legal quandary here ?? If the person had been aware of the law (passed in 1805) might they then have been able to plead the 5th ? Could they have simply refused to answer the question ? Also, is it legal for the judge to inquire about her sex life and or marital status ?

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Beaker Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 10:46 PM
Response to Reply #6
20. if they don't recognize gay marriage-
i would assume that they don't recognize "gay cohabitation" either...(you're just 'roomies')
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WannaJumpMyScooter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 03:46 PM
Response to Original message
10. Watch out Shortbus.... you might be next!
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TopesJunkie Donating Member (979 posts) Send PM | Profile | Ignore Wed Mar-24-04 04:04 PM
Response to Original message
11. OK. Then. We've got ourselves a good old Catch-22.
You can't cohabitate, but, if you are gay, you can't marry. So, since a gay couple can't marry, they'll have to cohabitate, but they can't cohabitate because it's illegal unless they're married. And on and on and on.
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 05:44 PM
Response to Reply #11
16. Doesn't cohabitation
only aplpy to straight people?
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Florida_Geek Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 09:11 PM
Response to Reply #16
18. For gay people in NC it is called
Tar and feathering :evilgrin:
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rexcat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 04:29 PM
Response to Original message
13. The government should have no business in the bedroom!
Good grief!
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Beaker Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 10:44 PM
Response to Original message
19. not to pick nits or anything-
but if they want to be parents to the child together, why don't they just get married?
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 11:22 PM
Response to Original message
21. Here is an easy solution
Have two mailboxes. One for the original house and another for the 2nd story or basement or garage. Then request an address from the post office. They may require there be a separate entrance.

If address is 666 Main St the additional address would be 666 1/2 Main St. That would qualify as not cohabitating with someone of the opposite sex.
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