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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: weegee

Here is the case I was thinking about. A federal court ruled the ban UNconstitutional.

http://www.freerepublic.com/focus/f-news/776783/posts


181 posted on 02/23/2006 4:12:26 PM PST by Mr. Brightside (I know what I like.)
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To: rwfromkansas

Your giving more weight to the legal contract of marriage (that's what it is for government purposes) than to the family that has stayed together for over a decade. Nice priorities.


182 posted on 02/23/2006 4:13:25 PM PST by ndt
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To: lastchance; Tax-chick

I agree. These zoning rules are fairly common, for the purpose of keeping a neighborhood's character single-family homes.


183 posted on 02/23/2006 4:16:56 PM PST by colorado tanker (We need more "chicken-bleep Democrats" in the Senate!)
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To: Albion Wilde
there must have been something off-kilter

Yes, that they weren't married. Some of the people on the board didn't like that idea.
184 posted on 02/23/2006 4:22:46 PM PST by Quick1 (Censorship: the worst obscenity.)
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To: TonyRo76

But I am guessing that the couple did not know about this little fly in the ointment. The Township was willing to take their money for building permit fees, the real estate agents were willing to take their money to purchase the land and/or home, if a contractor was involved he was willing to take the money to build the house. But once everything as been inspected and a Certificate of Occupancy is sought they get the news that living there would violate local zoning ordinance. I doubt the couple will recoup their full costs if they have to sell. I don't agree with their living arrangement but can not see how it would degrade the quality of life in tightassville.


185 posted on 02/23/2006 4:22:53 PM PST by lastchance (Hug your babies.)
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To: wideawake

Did you ever read the 9th Amendment?

Rights exist without being enumerated.


186 posted on 02/23/2006 4:28:29 PM PST by Badray ("Senator," like "Dog Catcher" is just a job title, not a rank.)
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To: Quick1

The law is to prevent unrelated people from living in a residential, ie. "family neighborhood" as too often this results in multiple residents in an area where there are families. It may be too narrow to allow for some of the new definitions of "family" that have come about recently, but it does have a reason. I would think they could get married after 13 years, at least a commom-law marriage, to move into the house they want. Maybe the town should redefine the law to allow them, but still prevent a multiple occupancy by unrelated persons.


187 posted on 02/23/2006 4:32:04 PM PST by beesidemeusa (beesidemeusa)
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To: Darkwolf377
I don't understand how having the state decide the status of the committment between two people before their god (or not) is a conservative value.

This goes to one of the basic premises of American conservatives, who as a group, according to the Pew Research group, tend to contian more religious people than does the liberal group. Religious people view mankind as basically sinful and in need of the salvation offered by God. Having this realistic view of mankind, they make laws in key areas of society to protect innocent children from parents who are not really all that committed.

One of the hallmarks of leftists is believing that people are basically good, and also that it's OK to use government to force the redistribution of income and to redefine family, religious belief, the meaning of words, and other issues that arise to suit the agenda of the ruling elites. (Elites good, people good = people behave like good little sheep for the benefit of the Firsts Among Equals.)

This formula has been in use in the United States since the 60s, during which time the rates of illegitimacy, divorce, fatherlessness, spouse and child abuse, child endangerment, child abandonment, child rape, child pornography, poor school performance, child crime, child gun murders and poor child health among all children in the U.S. have risen alarmingly to rates not even seen among poor blacks prior to the "freedom"-oriented judicial activism of the 60s with regard to marriage and sexuality.

Based on results, which group's view of humankind is more beneficial to society?

188 posted on 02/23/2006 4:32:38 PM PST by Albion Wilde (The best service a retired general can give is to...mothball his opinions. – Omar Bradley)
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To: Quick1
A certificate of occupancy is usually issued when the builder finishes the job and the housing inspector confirms that the house is up to code. They usually also state how many people can live there, based on square footage, utilities, etc.
189 posted on 02/23/2006 4:32:57 PM PST by JoeFromSidney (My book is out. Read excerpts at www.thejusticecooperative.com)
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To: TonyRo76
Yes, another glaring instance of Federal intrusion into areas that are none of the FedGov's business.

Actually, no. It was the Village of Belle Terre that tried to intrude and force unmarrieds out of housing. The owners fought it and the Supreme Court decided that it wasn't any business of the Village if the occupants were married.

190 posted on 02/23/2006 4:34:28 PM PST by ladyjane
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To: Quick1
Or perhaps the community should rephrase an asinine law.

Well until they do,(if they do) its still the law

191 posted on 02/23/2006 4:35:00 PM PST by apackof2 (You can stand me up at the gates of hell, I'll stand my ground and I won't back down)
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To: Dave Elias
"Marriage is a state contract, not a religious idea." So why do people have such a problem with gay marraige?

Because people in a political state should get to vote on changes to marriage law, not have them handed down by the judicial elites.

192 posted on 02/23/2006 4:41:54 PM PST by Albion Wilde (The best service a retired general can give is to...mothball his opinions. – Omar Bradley)
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To: Albion Wilde
Because people in a political state should get to vote on changes to marriage law, not have them handed down by the judicial elites.

Precisely. I would gladly vote in favor of same-sex marriage.

But I won't have it imposed upon my state via judicial fiat.

193 posted on 02/23/2006 4:43:42 PM PST by Wormwood (Iä! Iä! Cthulhu fhtagn!)
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To: Quick1
It is common to have ordinances forbidding 4 or more persons unrelated by blood or marriage from occupying the same residence. It prevents situations such as the 17 Vietnamese students living in the house across the street from mine in Mira Mesa. The problem is getting more common as housing prices skyrocket and large groups of unrelated persons try to pool resources to afford a place to live.
194 posted on 02/23/2006 4:44:30 PM PST by Myrddin
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To: calex59

BTTT

Well said.

Leaps of logic abound. Insults. Assumptions about character. Why not just hang them as witches too while we're at it?

I believe that marriage is a good thing, but it's not for everyone and it's nobody's business, least of all the damn government's.


195 posted on 02/23/2006 4:50:45 PM PST by Badray ("Senator," like "Dog Catcher" is just a job title, not a rank.)
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To: calex59

Marriage is an institution recognized by all major religions and by the laws of the land. If some far-out free-love atheists and/or leftist kooks want to change the laws, then you win the elections and put in place people who legislate the way you want. Not leftist whacko judges who legislate from the bench, but real elected lawmakers.
calex59 may hate Christians and "their morality", but it does not make him right, as shown by his use of the self-descriptive term "assh**les".


196 posted on 02/23/2006 4:53:48 PM PST by beesidemeusa (beesidemeusa)
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To: massgopguy
Don't they have blood ties through their children?

It would seem to me that they do. The mom is blood related to everyone but the dad. The dad is blood related to 3 of the kids, who are blood related to the mom and the other kid. It seems kind-of silly.

197 posted on 02/23/2006 5:01:46 PM PST by conservative cat
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To: wideawake

"There are minor children in the home whose welfare is clearly not the parents' primary concern."

And yet as a rule, the court would award joint coustody to both parents if they lived separate and apart.


198 posted on 02/23/2006 5:08:08 PM PST by Rebelbase (President Bush is a Texas jackass when it comes to Border security .)
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To: calex59
To those of you who say that they are bad parents because they are not married are also full of sh**.

Ah, the libertine libertarians! They really keep the tone elevated around here. (Not to mention the thoughtful way they advance the discussion by citing all the relevant studies of the issue.)

199 posted on 02/23/2006 5:13:53 PM PST by madprof98
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To: apackof2
Well until they do,(if they do) its still the law

So said opponents of repeal of the Jim Crow laws.

200 posted on 02/23/2006 5:23:28 PM PST by elkfersupper
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