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Woman sues over N.C. anti-cohabitation law
AP ^ | 3/29/5

Posted on 03/29/2005 6:26:35 PM PST by SmithL

WILMINGTON, N.C. - A former sheriff's dispatcher who quit her job after her boss found out she lived with her boyfriend is challenging North Carolina's law against cohabitation.

Debora Hobbs said she was told to get married, move out, or find another job after her boss found out about her living situation. The legal arm of the American Civil Liberties Union of North Carolina filed the lawsuit Monday on her behalf.

The lawsuit seeks to abolish the nearly 200-year-old - and rarely enforced - law that prohibits unmarried, unrelated adults of the opposite sex from living together. North Carolina is one of seven states with such a law.

Convicted offenders face a fine and up to 60 days in jail.

"The government has no business meddling in the private relationships of consenting adults," said Jennifer Rudinger, executive director of the ACLU-NC Legal Foundation.

Hobbs had been living with her boyfriend for about three years when she was hired as a Pender County 911 dispatcher in February 2004. The couple decided they didn't want to marry; Hobbs quit last May rather than be fired.

Sheriff Carson Smith said last year that Hobbs' employment was a moral issue as well as a legal question. He said he tries to avoid hiring people who openly live together, but that he doesn't send out deputies to enforce the law.

Hobbs declined to comment Monday. Rudinger said she is employed and still lives with her boyfriend.

Neither the sheriff nor Pender County Attorney Trey Thurman would comment.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: North Carolina
KEYWORDS: aclu; employmentatwill; govwatch; lawsuit; privacy; shackup
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1 posted on 03/29/2005 6:26:37 PM PST by SmithL
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To: SmithL

This is unbelievable. Government has no business in this sort of matter. And this law also seems to discriminate against straight people, if I am reading it correctly.


2 posted on 03/29/2005 6:28:31 PM PST by nj26
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To: nj26

We have some screwed up laws in this state. But then so does every state.


3 posted on 03/29/2005 6:34:19 PM PST by Phantom Lord (Advantages are taken, not handed out)
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To: SmithL
We finally eliminated the stigmas against prostitution, divorce, pornography, homosexuality, and drug use, and now we have to refight the battles of adultery and fornication. If this sort of thing keeps up, we won't ever remove the stigmas from polygamy, incest, rape, robbery, and murder. What is our country coming to?

/sarcasm
4 posted on 03/29/2005 6:37:59 PM PST by Engraved-on-His-hands
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To: SmithL

Okay let's see if the liberal federalists decide the federal courts should butt out of this one. Oh, and by the way, Florida has a similar law. Michael Shiavo should be immediately arrested.


5 posted on 03/29/2005 6:40:14 PM PST by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: SmithL

I think it's a dumb law, but should be a state's rights issue.


6 posted on 03/29/2005 6:41:20 PM PST by Dan from Michigan ("Mama, take this judgeship off of Greer, he can't use it, anymore")
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To: SmithL
Oh, God. I'm on the ACLU's side on this one. Does that make me a liberal?

We may decry -- in fact, I often do -- the continued erosion in moral standards. But whether we like it or not, the law needs to reflect, at least to some extent, contemporary attitudes. It may have been considered shacking up in the 1950s, but it's utterly mainstream behavior today.

Perhaps we should bring back the dunking stool, scarlet letters, and prosecution of women for being scolds.

7 posted on 03/29/2005 6:44:25 PM PST by southernnorthcarolina (UNC: 16 Final Fours)
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To: southernnorthcarolina
Oh, God. I'm on the ACLU's side on this one. Does that make me a liberal?

It makes you a classical "liberal", circa 1900. Today this attitude would be considered libertarian.

8 posted on 03/29/2005 6:46:12 PM PST by SedVictaCatoni (<><)
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To: SmithL

If you believe in the at-will principle regarding employment, the boss was completely in his rights.


9 posted on 03/29/2005 6:48:55 PM PST by Jack Wilson
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To: southernnorthcarolina

I would think they could throw a lot of people from the universitys in jail or a fine whatever the penalty. I know several people at my school who live in mixed gender houses. In some cases they are platonic relationships but people need roommates. I have to wonder what would happen if there are co-ed dorms.


10 posted on 03/29/2005 6:49:14 PM PST by Mr. Blonde (You know, Happy Time Harry, just being around you kinda makes me want to die.)
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To: nj26
And this law also seems to discriminate against straight people, if I am reading it correctly.

That is exactly how I read it as well.

11 posted on 03/29/2005 6:52:50 PM PST by Gabz (Wanna join my tag team?)
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To: SmithL
Ah yes, another you've-been-in-violation-of-the-Constitution-all-this-time-even-though-no-one's-ever-known-it-not-even-its-authors-and-ratifiers type of case.

If only they made a MOAB for egos.

12 posted on 03/29/2005 6:53:03 PM PST by inquest (FTAA delenda est)
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To: SedVictaCatoni
A little later than 1900, by my estimate.
13 posted on 03/29/2005 6:53:35 PM PST by inquest (FTAA delenda est)
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To: southernnorthcarolina; The Ghost of FReepers Past; Engraved-on-His-hands; nj26; Phantom Lord; ...



What if she was living with this man and he had two children with her? Would she get the tax break for being a single mother? And what often happens with this "living together" nonesense? You have two people living together for years, sometimes one person has children from another man.


14 posted on 03/29/2005 7:03:48 PM PST by LauraleeBraswell ( CONSERVATIVE FIRST-Republican second.)
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To: LauraleeBraswell
And what often happens with this "living together" nonesense? You have two people living together for years, sometimes one person has children from another man.

Aren't there laws defining a "commonlaw" marriage as two unrelated, opposite sex adults living together for a specified period of time? If I remember correctly, under NC Law, you are legally married if you have been cohabitating for more than 6 months. I could be completely wrong however.

15 posted on 03/29/2005 7:12:06 PM PST by lafroste (gravity is not a force. See my profile to read my novel absolutely free (I know, beyond shameless))
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To: SedVictaCatoni

There are good reasons for bringing back the scarlet letter. By engaging in sex with someone who is married you risk bringing into the world a child who will not have the possibility of having a father. Especially if that father has children with his spouse. The problem becomes one of punishing the wrongdoers without harming the innocent children. Not an easy task. Marriage, though, is a contract and the State is a party and the purpose of which is to provide for the rights and welfare of the children produced. If that contract is violated, civil penalties should be imposed. The harm done to citizens by children of broken households (the jails are full of them) raises the question of whether criminal punishments should follow as well.

If cohabitation results in children, the parents should be considered married by "common law" as well.


16 posted on 03/29/2005 7:14:59 PM PST by ALPAPilot
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To: southernnorthcarolina
Oh, God. I'm on the ACLU's side on this one. Does that make me a liberal?

Yes and it means automatic membership in the ACLU for you.There's no getting out of it - you're IN now.

Perhaps we should bring back the dunking stool, scarlet letters, and prosecution of women for being scolds.

I oughtta give you a good scolding for that.

(Just having fun) Holly

17 posted on 03/29/2005 7:15:38 PM PST by Holly_P
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To: LauraleeBraswell

I lived platonically for 6 years with a female roommate while we each saved money to buy our individual houses. No one gave birth.


18 posted on 03/29/2005 7:36:33 PM PST by SoDak (hoist that rag!)
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To: lafroste

There doesn't appear to be any common-law provisions in NC state law. One would assume that with a law like this on the books, one wouldn't be needed.


19 posted on 03/29/2005 7:42:05 PM PST by SoDak (hoist that rag!)
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To: Engraved-on-His-hands

Pedophelia is next on the agenda....and you will be labeled a "pedophobe" if you oppose it.


20 posted on 03/29/2005 8:07:08 PM PST by Stellar Dendrite (But, I thought liberals want to help the "little guy"?)
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