http://abcnews.go.com/US/mentally-disabled-couples-legal-battle-ends-home/story?id=19237103&page=2
Mentally Disabled Couple's Legal Battle Ends with New Home
By Kevin Dolak
Paul Forziano, 30, and Hava Samuels, 36 are a newly married couple living in the state of New York; however, they are both mentally handicapped. They resided in state funded home before their marriage and wished to cohabit a home together after they were married, but this was not permissible. Independent Group Home Living Program (IGAL) and the Maryhaven Center for Hope stated that the couple was not capable of consenting to marriage or living together because they couldn't even care for themselves. In reaction, the couple's families took the state of New York to court on the grounds that the couple's rights under the Americans with Disabilities Act, the Fair Housing Act and the 14th Amendment were being violated.
The couple was eventually allowed to move into a an IGAL apartment, but the they are still taking the case to court so that the state is forced to make a decision on the matter. The family wishes for all injustices to be correct and form mentally disabled people to be treated the same as everyone else.
From a constitutional standpoint there argument makes sense. Mentally disabled people are still citizens with right. But from a societal stand point it allowing mentally incapacitated people to be married and possibly have children does not make sense, especially if they are living off state assistance.
I think it's probably going to be hard for them to live together by themselves, but if they want to, theyre is nothing preventing them from doing so. More power to them.
ReplyDeleteAccording the Fourteenth Amendment and fundamental rights, the couple's argument does make a lot of sense. It would be under the Rational Basis category, since they are diabled. I will be appalled if the couple is not allowed to live in the home together. I believe IGAL's argument should not be considered constitutional since it doesn't have any rational ideas to be supported.
ReplyDeleteHaving a family member with a mental disability I can tell you that although it may sound good to give then the same choices as anybody else, depending on the degree of disablilty they should not be allowed to live completely on their own. Being married is one thing, living independently and having children is a whole other thing.
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