The

Undeniable

Ruth

®

…and the Ruth shall set you free!

  • Is That Legal – Internet Wedding

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    Ruth Carter

    Disclaimer: I am not a lawyer.  This blog should not be viewed as legal advice.  It is simply my experiences, opinions, and information I looked up on the internet.

    Photo by Sheila Dee

    My friend, Evo Terra, is an ordained minister through the Universal Life Church.  If you have five minutes and an internet connection, you can be ordained too.  He’s performed a handful of marriages over the years but this weekend he performed a most unusual marriage ceremony.  The bride and groom were in North Carolina and he performed the ceremony over the internet via webcam.  When he agreed to perform the ceremony, he put the responsibility on the couple to make sure that the marriage is legitimate.

    In California, Colorado, Montana, and Texas, you can have a marriage by proxy, where a third person stands in for the bride or groom who is unable to be there.  If it’s possible to get married when the bride or groom isn’t physically present in the room, is the marriage valid if the minister isn’t physically present?

    According to the law in North Carolina, all you need to have a valid marriage is a marriage license and a consenting heterosexual couple who freely, seriously, and plainly take each other as husband and wife in the presence of an ordained minister of any religious denomination.  The law does not provide any specifics regarding where the minister needs to physically be during the ceremony.  I would not be surprised if the couple signs their marriage license and sends it to Evo, who then signs in and sends it in to the appropriate recording office in North Carolina, that they would accept it without batting an eye.

    This issue boils down to what is does it mean to have a marriage ceremony in the presence of a minister.  I could not find a definition for “presence” in the North Carolina marriage laws.  Is a being present live via web cam enough or must the minister be physically present in the room?

    This issue reminds me of the use of proxy signatures on a will.  In Arizona, if a person cannot sign their will themselves, they can direct someone else to sign it for them in their “conscious presence.”  The requirement of conscious presence could not be fulfilled over the telephone, and probably not via web cam according to my Decedent Estates professor.   North Carolina only requires a proxy signature on a will to be completed in the person’s presence and at their direction.   I don’t know if the definition of “conscious presence” in Arizona is the same as “presence” in North Carolina.

    Did my friend perform a valid marriage ceremony this weekend?  I don’t know.  I called Wake County in North Carolina.  Someone there said that the marriage laws have not been changed since they were enacted; therefore the marriage isn’t valid unless the minister is physically in the same room with the bride and groom.  She basically said that since marriage couldn’t be performed over the internet in the past, they can’t be performed over the internet now.  I think that answer is incomplete and that this issue deserves some exploration.

    I don’t think this issue is going to have a legal answer unless someone goes to court and claims that their marriage that was officiated via web cam wasn’t a valid marriage.  That probably will not happen unless a spouse who was married over the internet dies without a will and someone who would get a larger inheritance from the deceased’s estate claims that the surviving spouse should not inherit from the estate because the marriage was not valid.

  • SALK Day 78: Arizona Animal Races

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    Ruth Carter

    Today’s sponsors are Micah and Danielle Larripa, two of the most wonderful people I’ve met during law school.  Micah is my classmate and a proud member of the U.S. Marine Corps who is perpetually “living the dream.”  Danielle is his beautiful wife.  They asked me to write about the “awesomeness of obscure animal racing events in Arizona.”  I did some digging and here are the top 8 animal races in Arizona.

    1. Just anther day at the Ostrich Races
      Image by Zach Inglis via Flickr

      Ostrich Races:  The ostrich races are part of the annual Ostrich Festival in Chandler.   There are races where ostriches pull chariots and races where participants ride the giant birds.  It’s a hilarious crazy event where you’re likely to see the birds spinning in circles and races where every jockey falls off their bird.

    2. Pug Olympics:  I had to throw in a pug event for the Larripa’s pug, Scout.  This annual event takes place every January in Mesa.  From what I can tell, they let the dogs run wild on agility equipment.
    3. Dog Sled Race:  This race is part of the annual Winter Games at the Hon-Dah Resort Casino in Pinetop.  The Winter Games also raise money for the local humane society with a purebred dog show a “mountain mutt” dog show, and a dog weight pull competition.
    4. Pig Races at Schnepf Farms:  The pig races are part of the pumpkin and chili festival every October.  Hillbilly Bob calls the races as the little pig race around the dirt track.  This is a great family event where attendees all get pig noses for being there.
    5. Desert Dachshund Race:  This event looks adorable – dachshunds zipping down a race area in little colorful race bibs.  This race occurs every October and benefits the Sahuaro Dachshund Rescue.
    6. Goat Dressing : This isn’t a race, but it’s an animal event that was too hilarious not to put on the list.  The Arizona Gay Rodeo Association hosts the Road Runner Regional Rodeo for the International Gay Rodeo Association every February.  Along with the standard rodeo events (bull riding, barrel racing, roping, etc.), they have Goat Dressing – an event where teams of two compete to see who can put a pair of panties on a goat the fastest.
    7. Mascot Race:  Ok, so this is not exactly an animal race, but I’m sure that there are people dressed up as animals.  Mascots from local restaurants race one mile as part of the annual Gilbert Days every November.
    8. Warrior Dash:  The Warrior Dash is an event for humans with animalistic spirit.  This hellish 3.4 mile race is peppered with twelve obstacles including a cargo net, a river, barbed wire, and fire.  Participants receive a Viking helmet and a beer upon crossing the finish line.  The Warrior Dash has races in 30 cities in and out of the U.S.  It’s coming to Arizona for the first time this spring.  And in case you were wondering, yes, I’m doing it.

    Sponsor A Law Kid is my endeavor to pay for my last semester of law school. Today’s sponsors are Micah and Danielle Larripa.  For more information about Sponsor A Law Kid or to see what days are still available for sponsorship, visit my Sponsor A Law Kid page.

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  • So I Have A Gun . . .

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    Ruth Carter

    There is a time and place for guns.  I live in Arizona – a big pro-gun state.  We love guns so much that the state legislature is in the process of having the Colt revolver declared as the official state gun.  When you go shopping, some stores have signs that say “No handguns” because we can carry our guns just about everywhere unless they specifically tell us we can’t.  My school is even considering allowing guns on campus.  They’ve tried  to outlaw cigarettes on campus but guns are ok.

    I moved to Phoenix shortly after my grandmother died.  Since I didn’t have a job yet, I was the one who was responsible for being on site for the cleaning out and selling of her house.   When I was doing my final walk-through to make sure that we had everything out of house, I discovered an oddly shaped fabric case on a high shelf in her closet.  It was my father’s hunting rifle.  I never knew he had a gun.  I took it to my house and it has been in my closet ever since.  It’s a beautiful weapon, but I don’t fire it.

    guns and ammo
    Image by darkly_seen via Flickr

    Now, I am all for responsible gun ownership.  I have shot a number of guns: rifles, handguns, and an M-16.  People laughed very hard at me when I learned the hard way that I didn’t have my gun pulled all the way into my shoulder before firing it.  I have had my fair share of gun-related bruises.

    I heard that a friend of a friend always opens her door holding her gun.  It was handy for making solicitors go away.  I don’t like being bothered at home, so I decided to try it.  The next time the doorbell rang, I opened the door with my dad’s gun in my hands (just holding it, not pointing it at anyone).  There was a little Hispanic man going door-to-door offering to help with my lawn (and I don’t have a lawn).  He was so surprised to see a person with a gun.  He looked so scared.  I realized at that point that I don’t want to live in a world where people answer their doors holding guns.

    I think one of the problems with the U.S. is that we’re conditioned to believe that the unfamiliar is scary and that people inherently want to hurt each other.  It lends itself to always being on guard and looking for the bad instead of being rational and enjoying the good in life.

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