Thoughts on this: State keeping mentally disabled married couple from living together

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She fell for his knock-knock jokes. He fell for her beauty. Paul Forziano and Hava Samuels, who finish each other's sentences, met in a performing arts program and talked about marriage for three years before getting hitched last month. But they also both have developmental disabilities, so they are forced to end each day apart, in separate group homes, as required by the state-sanctioned nonprofits that run those homes.

The couple, along with their parents, is challenging that policy in the first lawsuit of its kind in the country. Forziano's facility says anyone who requires the services of a group home is incapable of living as part of a married couple, while Samuels' home says she doesn't have the mental capacity to consent to sex.

The AP delves into the legal murkiness surrounding the case, noting that it will be a test of the Americans With Disabilities Act, which requires public entities to make reasonable concessions in order to avoid discrimination. The couple's parents say other nearby group homes offer accommodations for married couples, but have no openings. A legal expert says the case is "uncharted territory."

For Samuels and Forziano, it's simpler: "I'm not happy. We live apart," Samuels says. "We're very sad when we leave each other," adds Forziano. "I want to live with my wife, because I love her."

Disabled Couple Sue for Right to Live Together - Federal civil rights lawsuit is first of its kind in US

Mentally disabled NY newlyweds fight in court to live in same Long Island group home - 5/7/2013 5:13:37 AM | Newser
 

88m3

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What's your opinion?

How do you feel about having sex with minors?
 

Chris.B

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I'm sure the state will be blamed if something bad happens if they allow.

Can't win
 

88m3

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Is that question necessary 88?

well I would like to know where you stand before I jump down a wormhole


If the woman can't consent, that's rape no matter how you want to spin this.


Furthermore why not a private group that can cater to them?
It's pretty clear they have the financial resources.


They've been told they can't be accommodated for what I feel are solid reasons.
 

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well I would like to know where you stand before I jump down a wormhole


If the woman can't consent, that's rape no matter how you want to spin this.


You know where I stand on this, or you should. I think that society should set a procedure, method or determination on what age a person develops the capacity to make a decision with the full ability to comprehend what is at stake.
My issue with it happens to be the varying ages: i.e., 18 to buy tobacco but 21 to buy alcohol.

I also have issue how in one state age of consent might be 16, and in another it is 18. Seems like one specific age should be set after taking into account the science on the matter.


As far as this case, I don't know the extent of this woman's disability, but if the state fears that she can't properly consent to sex, how the fukk did she get married?
 

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If the woman can't consent, that's rape no matter how you want to spin this.


Furthermore why not a private group that can cater to them?
It's pretty clear they have the financial resources.


They've been told they can't be accommodated for what I feel are solid reasons.

I agree with the state on this you dumbass. What the hell are you accusing me of?
 

88m3

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You know where I stand on this, or you should. I think that society should set a procedure, method or determination on what age a person develops the capacity to make a decision with the full ability to comprehend what is at stake.
My issue with it happens to be the varying ages: i.e., 18 to buy tobacco but 21 to buy alcohol.

I also have issue how in one state age of consent might be 16, and in another it is 18. Seems like one specific age should be set after taking into account the science on the matter.


As far as this case, I don't know the extent of this woman's disability, but if the state fears that she can't properly consent to sex, how the fukk did she get married?

Yeah I think the varying ages state to state is an issue as well. I think think laws in general need to be applied across the board. Maybe I'm confused, I thought you generally argued for states rights, now you're my ideological twin so to speak here.


I think the ADA is great and all but a line needs to drawn somewhere.

I think everyone should be afforded happiness...

A professor from John Jay pointed out being married gives them all the rights of a married couple under state law...

I don't know


this is cruel but this sounds like a state funded sexcapade for mentally disabled people on the tax payers dime
 

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Yeah I think the varying ages state to state is an issue as well. I think think laws in general need to be applied across the board. Maybe I'm confused, I thought you generally argued for states rights, now you're my ideological twin so to speak here.


I think the ADA is great and all but a line needs to drawn somewhere.

I think everyone should be afforded happiness...

A professor from John Jay pointed out being married gives them all the rights of a married couple under state law...

I don't know


this is cruel but this sounds like a state funded sexcapade for mentally disabled people on the tax payers dime


I do argue for states right, but I think the ability to make important decisions should be a scientific determination that applies to all states. It leads to major issues like I said, not only between states, but also inside each state.

Here in Florida we had a 12 or 13 year charged as an adult for some kid's death during a play session, but then you have 18 years going to prison or jail for having sex with 15 year olds. It doesn't make any god damn sense.
 

Bud Bundy

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If the parents are chiming in how come they are not taking care of them?

either way I am sure in time special accommodations will be made for them.
 
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