Did you know that your marriage license is a property title to your spouse’s body and affections? Just ask Jake Knotts, conservative Republican and arbitrary legislator over the state of South Carolina:

COLUMBIA — Men and women who seduce married people could be sued by jilted spouses under a proposal that won initial approval from S.C. lawmakers Thursday.

You know, we protect our automobiles. We protect our homes. There’s laws to protect everything, and we just need laws to protect the family, said the bill’s sponsor, Sen. Jake Knotts.

—Jim Davenport, Myrtle Beach Sun Times (2008-04-18): Bill aims at marriage interlopers

Here’s where the bill is at:

The S.C. bill says someone can recover unspecified damages if they prove wrongful conduct between their spouse and the defendant during their marriage and that the defendant caused them loss of affection or consortium of their spouse.

The bill was approved by a Senate subcommittee on the heels of a study this week that found divorce and out-of-wedlock births cost S.C. taxpayers $469 million each year and $112 billion overall for U.S. taxpayers. The study was done by groups that advocate more government action to bolster marriages.

The chairman of the subcommittee said failed marriages are damaging society and there should be repercussions for interlopers in marriages.

Whatever we can do to strengthen the bonds of matrimony, we ought to try, said Sen. Larry Martin, R-Pickens.

—Jim Davenport, Myrtle Beach Sun Times (2008-04-18): Bill aims at marriage interlopers

You might have thought that the best way to strengthen a marriage is to be kind and respectful to each other, to talk things out that need to be talked out, and generally to treat your spouse like a free and equal human being rather than as one of your precious possessions. You might also have thought that a husband or wife remains her own person after the wedding, and can do what she will, even if she makes choices that are foolish, hurtful or wrong, because her spouse has no enforceable claim on anything more than she freely gives of herself. But Knotts, Martin, and their colleagues think you ought to be able to call out the force of the State in order to punish interlopers, if you don’t want other people touching your things.

I’ve heard no word yet whether or not the South Carolina senators are considering an amendment to the criminal code for branding cheaters with a scarlet A.

(Thanks, Holly @ feministe 2008-02-01.)

Hey, everyone, it’s Mississippi House Bill No. 282, introduced by Republican state representative W.T. Mayhall, Jr.!

HOUSE BILL NO. 282

An act to prohibit certain food establishments from serving food to any person who is obese, based on criteria prescribed by the state department of health; to direct the department to prepare written materials that describe and explain the criteria for determining whether a person is obese and to provide those materials to the food establishments; to direct the department to monitor the food establishments for compliance with the provisions of this act; and for related purposes. Be it enacted by the legislature of the state of Mississippi:

SECTION 1.

(1) The provisions of this section shall apply to any food establishment that is required to obtain a permit from the State Department of Health under Section 41-3-15(4)(f), that operates primarily in an enclosed facility and that has five (5) or more seats for customers.

(2) Any food establishment to which this section applies shall not be allowed to serve food to any person who is obese, based on criteria prescribed by the State Department of Health after consultation with the Mississippi Council on Obesity Prevention and Management established under Section 41-101-1 or its successor. The State Department of Health shall prepare written materials that describe and explain the criteria for determining whether a person is obese, and shall provide those materials to all food establishments to which this section applies. A food establishment shall be entitled to rely on the criteria for obesity in those written materials when determining whether or not it is allowed to serve food to any person.

(3) The State Department of Health shall monitor the food establishments to which this section applies for compliance with the provisions of this section, and may revoke the permit of any food establishment that repeatedly violates the provisions of this section.

SECTION 2.

This act shall take effect and be in force from and after July 1, 2008.

Sandy Szwarc, Junkfood Science (2008-01-31): No fat people allowed: Only the slim will be allowed to dine in public!:

I called lead author, Rep. Mayhall, and asked if this was serious legislation or tongue-in-cheek to make a point. He kindly took a moment to answer my question while the legislature was in session. He said that while, regrettably, he doesn’t believe his bill will pass, this is serious. He wrote it, he said, because of the urgency of the obesity crisis and need for government action. He hopes it will call attention to the serious problem of obesity and what it is costing the Medicare system.

Remember, citizen, your body is public property, and if you’re letting it get blighted, there’s always some conscientious state legislators ready for a bold campaign of eminent domain and cosmetic renewal.

Further reading:

• GT 2008-01-16: Well, thank God #8: Civil Tongue edition
• GT 2007-09-19: Well, thank God #7: Sagging and the new sumptuary laws
• GT 2006-06-27: Well, thank God #4
• GT 2006-02-23: Well, thank God #3
• GT 2005-10-07: Small-government conservatives

(Thanks, Vanessa at feministing [2005-10-07].)

In Indiana, state Senator Pat Miller has decided to withdraw a bill that would have required government parenting licenses for people who want to conceive through artificial means.

Senator Patricia Miller of Indianapolis says the issue has become more complex than she thought. So she is withdrawing it from consideration.

Actually, the issue is not complex at all. This is complex:

Sec. 5. (a) A petition to establish parentage may be filed by an intended parent.

(b) The intended parents must be married to each other, and both spouses must be parties to the action to establish parentage.

(c) An unmarried person may not be an intended parent.

Sec. 6. (a) A petition to establish parentage must be filed in triplicate.

(b) The original copy of a petition to establish parentage must be verified by the oath or affirmation of each petitioner.

Sec. 7. (a) A petition to establish parentage must be made under oath and specify the following:

(1) The:

(A) name, age, and place of residence of each petitioner; and

(B) place and date of marriage of the petitioners.

(2) The name and place or residence, if known, of the donor or donors.

(3) The name and address of the agency that performed the assessment under section 12 of this chapter.

(4) The name and address of the physician who performed the medical procedure that resulted in the pregnancy of the child who is subject to the parentage action.

(5) The type of assisted reproduction procedure that was used.

(6) Whether a petitioner has been convicted of:

(A) a felony; or

(B) a misdemeanor relating to the health and safety of children;

and, if so, the date and description of the conviction.

(7) Additional information consistent with the purpose and provisions of this chapter that is considered relevant to the proceedings.

(b) The following documents must be attached to the petition to establish parentage:

(1) The consent of the petitioners required under section 13 of this chapter to the medical procedure that resulted in the pregnancy for the child who is the subject to the parentage action.

(2) The consent of each donor, if known, to the use of the donation for the assisted reproduction medical procedure.

(3) The certificate of satisfactory completion of the assessment required under section 12 of this chapter.

(4) The certificate of the physician required under section 14 of this chapter. …

Sec. 11. … (b) A physician may not commence an assisted reproduction technology procedure that may result in a child being born until the intended parents of the child have received a certificate of satisfactory completion of the assessment required under section 12 of this chapter. …

Sec. 12. (a) Before intended parents may commence assisted reproduction, the intended parents shall obtain an assessment from a licensed child placing agency in the intended parents’ state of residence.

(b) The assessment must follow the normal practice for assessments in a domestic infant adoption procedure and must include the following information:

(1) The intended parents’ purpose for the assisted reproduction.

(2) The fertility history of the intended parents, including the pregnancy history and response to pregnancy losses of the woman.

(3) An acknowledgment by the intended parents that the child may not be the biological child of at least one (1) of the intended parents depending on the type of artificial reproduction procedure used.

(4) A list of the intended parents’ family and friend support system.

(5) A plan for sharing any known genetic information with the child.

(6) Personal information about each intended parent, including the following:

(A) Family of origin.

(B) Values.

(C) Relationships.

(D) Education.

(E) Employment and income.

(F) Hobbies and talents.

(G) Physical description, including the general health of the individual.

(H) Birth verification.

(I) Personality description, including the strengths and weaknesses of each intended parent.

(7) Description of any children residing in the intended parents’ home.

(8) A verification and evaluation of the intended parents’ marital relationship, including:

(A) the shared values and interests between the individuals;

(B) the manner in which conflict between the individuals is resolved; and

(C) a history of the intended parents’ relationship.

(9) Documentation of the dissolution of any prior marriage and an assessment of the impact of the prior marriage on the intended parents’ relationship.

(10) A description of the family lifestyle of the intended parents, include a description of individual participation in faith-based or church activities, hobbies, and other interests.

(11) The intended parents’ child rearing expectations and values.

(12) A description of the home and community, including verification of the safety and security of the home.

(13) Child care plans.

(14) Statement of the assets, liabilities, investments, and ability of the intended parents to manage finances, including the most recently filed tax forms.

(15) A review of the local police records, the state and violent offender directory, and a criminal history check as set forth in subsection (c).

(16) A letter of reference by a friend or family member.

(17) A written consent from each donor, if known, to use of the donation in the assisted reproduction medical procedure.

(18) The recommendation for participation in assisted reproduction.

… (f) After completing the assessment described in this section, and if the child placing agency approves the intended parents to commence the assisted reproduction procedure, the agency shall issue a certificate that the intended parents have satisfactorily completed the assessment and are ready to commence assisted reproduction.

(g) A certificate issued under subsection (f) is valid for two (2) years.

(h) A physician may rely upon a certificate issued under this section to commence assisted reproduction with an intended parent.

(i) A certificate issued under subsection (f) must be filed with the petition to establish parentage.

… Sec. 14.(a) After a viable pregnancy has been achieved by artificial reproduction, the physician who performed the artificial reproduction procedure shall issue a certificate to the intended parents stating:

(1) the child was conceived under the care of the physician;

(2) the type of artificial reproduction procedure that was used;

(3) whether the donor is known or anonymous; and

(4) whether the physician is aware of any compensation being paid to the donor.

(b) The certificate must be:

(1) on the physician’s letterhead stationary; and

(2) notarized.

(c) The certificate required under this section shall be filed with the petition to establish parentage.

(d) form by x agency?

Sec. 15. (a) If the court finds that:

(1) the petition to establish parentage satisfies the requirements of this chapter;

(2) the certificate from a licensed child placing agency required under section 12 of this chapter has been filed and meets the requirements of this chapter;

(3) the certificate by the physician required under section 14 of this chapter has been filed and meets the requirements of this chapter; and

(4) the consent required under section 13 of this chapter has been obtained; the court shall grant the petition to establish parentage and enter a decree establishing parentage without a hearing or further court action unless the court finds by clear and convincing evidence that granting the petition is not in the best interests of the child.

(b) The court may deny the petition to establish parentage if a petitioner has been convicted of a crime described in section 7(a)(5). …

Sec. 17. (a) If the court dismisses a petition to establish parentage, the court shall determine the person who should have custody of the child. …

Sec. 20. (a) An intended parent who knowingly or intentionally participates in an artificial reproduction procedure without establishing parentage under section 15 of this chapter commits unauthorized artificial reproduction, a Class B misdemeanor.

… but the issue is simple. Our bodies are not public property; reproductive totalitarianism is wrong; the State has no business imposing a ridiculous set of requirements like that on anybody. And movement conservatives’ idea of limited government and ordered freedom is a government that limits and your freedom to take orders from it.

Good thing they lost this one.

Everything old is new again.

Here’s how principled conservatives in the Indiana state legislature propose to follow through on the Republican promise of making the government accountable to the people, not the people to the government: a suggested law to require government parenting licenses for people who want to conceive through artificial insemination. Queahs and single hussies need not apply:

Sec. 5. (a) A petition to establish parentage may be filed by an intended parent.

(b) The intended parents must be married to each other, and both spouses must be parties to the action to establish parentage.

(c) An unmarried person may not be an intended parent.

And nothing says small government like government-controlled reproduction and piles of bureaucratic paperwork to manage it all!

Sec. 6. (a) A petition to establish parentage must be filed in triplicate.

(b) The original copy of a petition to establish parentage must be verified by the oath or affirmation of each petitioner.

Sec. 7. (a) A petition to establish parentage must be made under oath and specify the following:

(1) The:

(A) name, age, and place of residence of each petitioner; and

(B) place and date of marriage of the petitioners.

(2) The name and place or residence, if known, of the donor or donors.

(3) The name and address of the agency that performed the assessment under section 12 of this chapter.

(4) The name and address of the physician who performed the medical procedure that resulted in the pregnancy of the child who is subject to the parentage action.

(5) The type of assisted reproduction procedure that was used.

(6) Whether a petitioner has been convicted of:

(A) a felony; or

(B) a misdemeanor relating to the health and safety of children;

and, if so, the date and description of the conviction.

(7) Additional information consistent with the purpose and provisions of this chapter that is considered relevant to the proceedings.

(b) The following documents must be attached to the petition to establish parentage:

(1) The consent of the petitioners required under section 13 of this chapter to the medical procedure that resulted in the pregnancy for the child who is the subject to the parentage action.

(2) The consent of each donor, if known, to the use of the donation for the assisted reproduction medical procedure.

(3) The certificate of satisfactory completion of the assessment required under section 12 of this chapter.

(4) The certificate of the physician required under section 14 of this chapter. …

Sec. 11. … (b) A physician may not commence an assisted reproduction technology procedure that may result in a child being born until the intended parents of the child have received a certificate of satisfactory completion of the assessment required under section 12 of this chapter. …

Sec. 12. (a) Before intended parents may commence assisted reproduction, the intended parents shall obtain an assessment from a licensed child placing agency in the intended parents’ state of residence.

(b) The assessment must follow the normal practice for assessments in a domestic infant adoption procedure and must include the following information:

(1) The intended parents’ purpose for the assisted reproduction.

(2) The fertility history of the intended parents, including the pregnancy history and response to pregnancy losses of the woman.

(3) An acknowledgment by the intended parents that the child may not be the biological child of at least one (1) of the intended parents depending on the type of artificial reproduction procedure used.

(4) A list of the intended parents’ family and friend support system.

(5) A plan for sharing any known genetic information with the child.

(6) Personal information about each intended parent, including the following:

(A) Family of origin.

(B) Values.

(C) Relationships.

(D) Education.

(E) Employment and income.

(F) Hobbies and talents.

(G) Physical description, including the general health of the individual.

(H) Birth verification.

(I) Personality description, including the strengths and weaknesses of each intended parent.

(7) Description of any children residing in the intended parents’ home.

(8) A verification and evaluation of the intended parents’ marital relationship, including:

(A) the shared values and interests between the individuals;

(B) the manner in which conflict between the individuals is resolved; and

(C) a history of the intended parents’ relationship.

(9) Documentation of the dissolution of any prior marriage and an assessment of the impact of the prior marriage on the intended parents’ relationship.

(10) A description of the family lifestyle of the intended parents, include a description of individual participation in faith-based or church activities, hobbies, and other interests.

(11) The intended parents’ child rearing expectations and values.

(12) A description of the home and community, including verification of the safety and security of the home.

(13) Child care plans.

(14) Statement of the assets, liabilities, investments, and ability of the intended parents to manage finances, including the most recently filed tax forms.

(15) A review of the local police records, the state and violent offender directory, and a criminal history check as set forth in subsection (c).

(16) A letter of reference by a friend or family member.

(17) A written consent from each donor, if known, to use of the donation in the assisted reproduction medical procedure.

(18) The recommendation for participation in assisted reproduction.

… (f) After completing the assessment described in this section, and if the child placing agency approves the intended parents to commence the assisted reproduction procedure, the agency shall issue a certificate that the intended parents have satisfactorily completed the assessment and are ready to commence assisted reproduction.

(g) A certificate issued under subsection (f) is valid for two (2) years.

(h) A physician may rely upon a certificate issued under this section to commence assisted reproduction with an intended parent.

(i) A certificate issued under subsection (f) must be filed with the petition to establish parentage.

… Sec. 14.(a) After a viable pregnancy has been achieved by artificial reproduction, the physician who performed the artificial reproduction procedure shall issue a certificate to the intended parents stating:

(1) the child was conceived under the care of the physician;

(2) the type of artificial reproduction procedure that was used;

(3) whether the donor is known or anonymous; and

(4) whether the physician is aware of any compensation being paid to the donor.

(b) The certificate must be:

(1) on the physician’s letterhead stationary; and

(2) notarized.

(c) The certificate required under this section shall be filed with the petition to establish parentage.

(d) form by x agency?

Sec. 15. (a) If the court finds that:

(1) the petition to establish parentage satisfies the requirements of this chapter;

(2) the certificate from a licensed child placing agency required under section 12 of this chapter has been filed and meets the requirements of this chapter;

(3) the certificate by the physician required under section 14 of this chapter has been filed and meets the requirements of this chapter; and

(4) the consent required under section 13 of this chapter has been obtained; the court shall grant the petition to establish parentage and enter a decree establishing parentage without a hearing or further court action unless the court finds by clear and convincing evidence that granting the petition is not in the best interests of the child.

(b) The court may deny the petition to establish parentage if a petitioner has been convicted of a crime described in section 7(a)(5). …

Of course, covenants without the sword are but breath:

Sec. 17. (a) If the court dismisses a petition to establish parentage, the court shall determine the person who should have custody of the child. …

Sec. 20. (a) An intended parent who knowingly or intentionally participates in an artificial reproduction procedure without establishing parentage under section 15 of this chapter commits unauthorized artificial reproduction, a Class B misdemeanor.

You can read the whole damn thing, if you’re into that sort of thing.

The proposed bill is the work of State Senator Pat Miller (R-Indianapolis). Here’s what she had to say on its behalf:

Miller said the state often reacts to problems and she instead wants to be proactive on this issue.

We’re not trying to stop people from having kids; we’re just trying to find some guidelines, she said.

She did concede it would stop single people from using methods other than sexual intercourse but said all the studies indicate the best environment for a child is to have a two-parent family — a mother and a father.

Meanwhile, her Republican colleagues recoil in horror at the existence of an unregulated industry:

Sen. Gary Dillon, R-Pierceton, is a member on the commission and said parts of the legislation have valid points. He does have some reservations about limiting the reproductive rights of single people [that’s awful big of him -RG] but quoted the same studies as Miller about the health of a child in two-parent homes.

There’s a concern that there’s no regulation over this whole industry, he said.

You can let Senator Miller know what you think at:

Senator Patricia Miller
(317) 232-9400
(800) 382-9467

Let’s kill this thing dead.

Meanwhile, I’m just waiting with baited breath for some federalist libertarian to come along and tell me how the real evil would be for the federal courts to strike this down on the obvious privacy grounds. Because, you know, it’s not so bad, as long as a state is doing it.

Further reading

• Dr. B.’s Blog 2005-10-05: I Went to Sleep in IN and Woke Up in The Handmaid’s Tale
• Pandagon 2005-10-04: Put down that turkey baster and put your hands in the air so I can see your wedding ring
• feministe 2005-10-04: Holy shit, Indiana

Not content with having the homophobic Defense of Marriage Act enacted at the level of federal legislation, a Religious Right group called the Alliance for Marriage has proposed a strategy to enshrine a ban on gay marriage in the United States Constitution. Not only would the proposed amendment trample on states’ rights to enable gay marriage where they see fit, but it would also destroy all laws which give gay couples the equivalent privileges of marriage, such as Vermont’s Civil Unions law. Although I have deep reservations about the idea of gay marriage and want marriage-privilege abolished rather than extended to lesbian and gay male couples, we cannot stand for this kind of overt homophobia and discrimination being put into the highest law of the land. As long as State-recognized marriages exist, the government should not discriminate on the basis of gender or sexuality as to who can have them.

Take action! Sign a petition urging elected representatives to Oppose the Federal Marriage Amendment Petition