Regulating Ongoing Relationships Flashcards
Commentaries on the Laws of England
What is Coverture?
- the husband and wife are one person in law, the legal existence of the woman is consolidated into that of the husband; wife is civilly dead in the relationship
- Husband cannot grant anything to the wife or contact with her (as they are one legal entity, cannot contract with self)
Commentaries on the Laws of England
What is the Necessaries Doctrine?
- The husband is bound to provide his wife with necessaries
- but in criminal trials she can be indicted and punished separately
- The husband is entitled to give the wife “moderate correction” for misbehavior, “domestic chastisement” same manner a man is allowed to correct his apprentices or children
Traditional Model of Marriage
What are the four pillars of traditional marriage model?
- marital unity
- fixed gender roles
- standard obligation by the state
- marital privacy
McGuire v. McGuire
Can you sue your spouse for failure + enforcement to support?
- No, not while in the marriage at least because of the principles of non-intervention held by the court.
- marital privacy includes free from court intervention in marital issues
- the court said the standard of living is up to the household to determine.
the public policy concern is that the obligations of marriage are undisputed, but allowing a cause of action for such would require court intervention in household concerns.
Principles of Nonintervention
What are the rationales for and against non-intervention?
- For: non-intervention allows marital harmony, relationships can flourish without shadow of law, preserves judicial resources, and prevents turning marriage into a contractual relationship.
- If Courts intervene in marital issues, it will lead to fear of litigation acting as a deterrent to marriage and create disharmony in marital relationships
- Against: when Courts don’t intervene, it prevents people who need help with nowhere else to go if their spouse refuses to support them and they have no other recourse.
Graham v. Graham
Why was a contract between a married couple unenforceable?
- Cannot change the essential obligations of marriage (agreement that wife would pay husband $300 a month but at this time, women had no power to contract and husbands had a legal duty of support and wife had a duty to follow husband’s choice of domicile)
- The obligations of marriage are set by the state.
- Marriage is a status that cannot change without state intervention (not just a private contract between people)
- State has a vital interest in the marital status because it has certain rights and duties.
these duties were part of the rights and obligations set forth for married couples
Traditional Model of Marriage
What are arguments for and against contracts within the marriage relationship?
- For: contracts presume that parties carefully agree to terms because of the “meeting of the minds” element + without avenues to resolve disputes, divorces result. married persons are treated as different from other parties.
- Against: contracts are too inflexible for marriages; courts would have to intervene in the relationship to enforce contracts; opens litigation floodgates; invites controversy into relationship.
Cheshire Medical Center v. Holbrook
Holding?
- Necessaries Doctrine violates Equal Protection due to gender bias.
- Did not abolish it but instead makes it a reciprocal duty of support.
- Person is responsible for their own medical bills
A hospital could not attempt to attach husband’s property to pay for wife’s medical bill based on doctrine of necessaries.
Borelli v. Brusseau
Why was a contract where the wife agreed to provide nursing care to her sick husband in exchange for property unenforceable?
- Common law spouse doctrine includes a pre-existing duty that a wife would care for their spouse and therefore no consideration;
- void as against public policy.
- If the state of the relationship suggested he offered her property in exchange for care, after she leaves him, then perhaps its enforceable.
Marital Contracts
What if Spouse A grows gravely ill. Spouse B decides to leave. Spouse A promises to give B property if gives care personally. How does this affect the result?
- majority in Borelli and McGuire suggests that it would be an enforceable contract because the state of their relationship is not intact.
- if their marriage was intact when the contract was made, then no.
Owning and Controlling Property + Wealth
What are the different systems of dividing property in marriage?
- Common Law System: everything is separate property regardless of when it was acquired, or from who. unless assets are titled otherwise.
- Community Property System: assumes that once married, both parties labor on behalf of the household; property brought to the marriage or inherited/gifted remain separate; property acquired during marriage by either spouse is subject to 50/50 from moment of acquisition
Marital Naming
What is the history behind marital naming?
- until the 1970s, the practice of wives taking their husband’s name was not only common but sometimes required
- Derived from coverture where wife takes husband’s identity
- Choosing a surname carries significant social implications, with name choices signaling cultural expectations, professional orientation(if a woman hyphenates her last name), and adherence to or rejection of traditional gender roles.
DECISION-MAKING FOR INCAPACITATED ADULTS
What legal avenues are there for people who become incapacitated and cannot make their own healthcare decisions?
- the law gives power to others to make decisions about their care who can act legally as decision makers
- first priority to an individual’s spouse, then adult children, parents, siblings, and down the line.
- These presumptions apply in the **absence of written instructions from the patient designating someone else, through an advance medical directive, living will, or health care proxy. **
In re Guardianship of Atkins
What do Courts consider when appointing a guardian?
- the best interests of the incapacitated person
- factors like family structure, potential care arrangements, and emotional needs are relevant
- skepticism about whether parents can satisfy emotional needs of son since they don’t support his queerness is not enough under appellate standard.
- legally, his parents would be his guardians even though he has been with his same-sex partner for years.
must only look at whether they abused their discretion
Planned Parenthood v. Casey
What limits does this case create for a spouse’s ability to make medical decisions for another?
- Spousal notification for abortion places an undue burden on the right to abortion.
- notification requirement put women in danger or posed a significant barrier, discouraging women from seeking abortions
overruled by Dobbs → eliminated federal constitution protection for abortion
