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Unmarried Couple Denied Right to Move In
WWTI (ABC) ^ | 2/23/2006 | United Press International

Posted on 02/23/2006 1:53:52 PM PST by Quick1

A Missouri couple say they were denied an occupancy permit for their new home because they're not married.

Olivia Shelltrack and Fondray Loving have been together for 13 years and have three children, ages 8, 10 and 15, the St. Louis Post-Dispatch reports.

The couple are appealing the occupancy permit denial from the Black Jack, Mo., board of adjustment, which requires people living together to have blood, marriage or adoption ties. Loving is not the father of Shelltrack's oldest child.

I was basically told, you can have one child living in your house if you're not married, but more than that, you can't, Shelltrack told the newspaper.

This is about the definition of family, not if they're married or not, Mayor Normal McCourt said. It's what cities do to maintain the housing and to hold down overcrowding.


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events; US: Missouri
KEYWORDS: cohabitation; cohabitationlaws; cultureofbusybodies; fornicationlaws; homeowners; marriagelaws; occupancypermit; propertyrights; puritans; unmarriedcouple
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To: Quick1
Not really a leap.

Fondray is apparently willing to mount a legal challenge rather than do something like marry or, heaven forfend, acknowledge himself as a parent to the young man.

121 posted on 02/23/2006 2:48:45 PM PST by wideawake
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To: Quick1
...Black Jack, Mo., board of adjustment, which requires people living together to have blood, marriage or adoption ties. Loving is not the father of Shelltrack's oldest child.

This is a pretty stupid interpretation. Loving is the father of two of the children, and Shelltrack is the mother of all three children. Therefore, she has blood ties to all three children and can thus live with all three of them. Loving has blood ties to the two younger children and can thus live with them. The fact that he is not the father of the oldest child is irrelevant. This should take about 15 seconds for the judge to rule against the city board.

122 posted on 02/23/2006 2:49:04 PM PST by VRWCmember (You are STILL safer hunting with Dick Cheney than riding in a car with Ted Kennedy!)
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To: Nonstatist

he will respond "to eachother."

But of course, there is no commitment if you don't take a risk together and bundle your financial relationship/legal relationship.


123 posted on 02/23/2006 2:49:23 PM PST by rwfromkansas (http://xanga.com/rwfromkansas)
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To: elkfersupper
Marriage has ruined a lot of perfectly good relationships.

I tend to agree except...

Children tend to skew the results in marriage's favor.

124 posted on 02/23/2006 2:49:42 PM PST by Publius6961 (Multiculturalism is the white flag of a dying country)
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To: madprof98
Precisely. If Fondray decides that something better has come along, he gets to keep all his stuff and he does not have to pay a dime to support the third child.

He's keeping his options open.

I wonder if when he's old and sick his kids, as regards taking responsibility for him, will also keep their options open.

125 posted on 02/23/2006 2:51:14 PM PST by wideawake
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To: Eepsy

Common law marriages are not so common... they also have specific rules:
http://www.unmarried.org/common.html


126 posted on 02/23/2006 2:51:19 PM PST by Kirkwood ("When the s*** hits the fan, there is enough for everyone.")
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To: Quick1
the U.S. Housing and Urban Department

Great work by the writer and editor. *snicker*

127 posted on 02/23/2006 2:51:42 PM PST by FoxInSocks
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Comment #128 Removed by Moderator

To: wideawake

So they don't have to pay the marriage penalty. They can each file as single with the one making the higher income itemizing deductions and claiming the children as dependents (or two of them if it is Loving); the other one can take the standard deduction and one of the dependents. One of them can even claim as single head of household. By the time they are through, one of them might be getting EIC money back. Bottom line is they will have a much lower tax liability than they would if they were married.


129 posted on 02/23/2006 2:52:42 PM PST by VRWCmember (You are STILL safer hunting with Dick Cheney than riding in a car with Ted Kennedy!)
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To: Nonstatist; www.saveourguns.org
Good points.

And remember, saveourguns is not just saying that theya re committed, but perfectly committed. There is no level of commitment higher than this, if we take him at his word.

Parenthetically, did you know that someone who is in America on a renewable work visa is perfectly committed to this country? Citizenship is completely meaningless - probably just a religious notion.

130 posted on 02/23/2006 2:54:58 PM PST by wideawake
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To: TonyRo76
Actually, I'm talking about the right of municipalities and states to make whatever laws they deem appropriate. To me, it's an issue of local government vs. remote government.

I think the pertinent question is whether the local government has the power to make a law such as this one.

After all, the Constitution protects us from even local government and I am of the opinion that a homeowner, and their children, have the right to live in their own home.

131 posted on 02/23/2006 2:55:01 PM PST by Potowmack ("Strange women lying in ponds distributing swords is no basis for a system of government")
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To: Quick1

Simple solution: Get MARRIED you fools!


132 posted on 02/23/2006 2:55:20 PM PST by olezip
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To: Quick1
Then why is it ok to have one child in the home if they aren't married?

That is what one of them paraphrased as the government's position. It is an inaccurate assessment of the government's position. The government's position in this case is still wrong, but not for the reason one would think based on the broad's misrepresentation of the position.

133 posted on 02/23/2006 2:55:22 PM PST by VRWCmember (You are STILL safer hunting with Dick Cheney than riding in a car with Ted Kennedy!)
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To: Darkwolf377

"One of them is that the government shouldn't even be involved in marriage. "

It is a matter for the govt for a number of reasons and I suppose foremost for tax purposes. Other reasons can involve legal issues involving property rights if one partner dies.


134 posted on 02/23/2006 2:56:06 PM PST by Kirkwood ("When the s*** hits the fan, there is enough for everyone.")
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To: wideawake
Excellent point.

So much for that unmarried couple being committed since he is not committed to the kids.
135 posted on 02/23/2006 2:58:20 PM PST by rwfromkansas (http://xanga.com/rwfromkansas)
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To: Quick1
But now she fears she and her fiance face uprooting their children because of a city ordinance that says her household fails to meet Black Jack's definition of a family.

Did anyone catch this in the second article posted? So they actually are engaged?! What's stopping them from just getting married so the gov't will leave them alone?

136 posted on 02/23/2006 2:58:36 PM PST by Kaylee Frye
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To: VRWCmember

Good points - whether taxes, or losing an alimony stream, or avoiding potential child support payments on the oldest child, there is most likely a good monetary motive involved here for ol' Fondray.


137 posted on 02/23/2006 2:59:25 PM PST by wideawake
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To: Kaylee Frye

Good catch! Hilarious! They were waiting for a special decade to get married and now the township is rushing them!


138 posted on 02/23/2006 3:00:19 PM PST by wideawake
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To: Kaylee Frye

She said she would not get married, so they obviously really are not engaged.


139 posted on 02/23/2006 3:00:27 PM PST by rwfromkansas (http://xanga.com/rwfromkansas)
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To: Kaylee Frye
So they actually are engaged?!

Folks like this never even have a ring, much less a date.

140 posted on 02/23/2006 3:01:39 PM PST by madprof98
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