What is the test for the meaning of a rule that bars a person from entering into a marriage where the husband is married and the wife is married?
California, United States of America
The following excerpt is from People v. Swearingen, 148 Cal.Rptr. 755, 84 Cal.App.3d 570 (Cal. App. 1978):
"The rule is calculated to prevent, not to repair. Its purpose is to deter to compel respect for the constitutional guaranty in the only effectively available way by removing the incentive to disregard it." (Elkins v. United States (1961) 364 U.S. 206, 217, 80 S.Ct. 1437, 1444, 4 L.Ed.2d 1669.)
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