Pick the correct answer below and explain why it is correct. Explain why the alternative answers are incorrect. Many states prohibit intermarriage of persons who are "lunatics" or who are "insane."
a. This policy is sound, because it protects against the birth of genetically inferior children.
b. This policy is sound, because "lunatics" or "insane" persons are, by definition, not able to comprehend the significance of intermarriage.
c. This policy is unsound, because it discriminates against "lunatics" and "insane" persons.
d. This policy is unsound, because there is no clear or realistic standard by which to determine if one is a "lunatic" or "insane.".
a. Not correct, because: there is no acceptable basis to connect "lunacy" or "insanity" to genetics; there is no acceptable policy reason to deny birth rights to these ill-defined classes of persons; the policy would not necessarily prevent the birth of genetically inferior children, because such persons, whoever they are, could have children out of wedlock; and the policy would require some exhaustive and constitutionally sound basis to ascertain who is suffering from lunacy or insanity before issuance of the marriage certificate, including determination of who could file an objection, whether or not trial by jury would be appropriate, and so on.
b. Not correct, because society cannot easily, if at all, know who is within the denied class of persons.
c. Not correct, because lunatics and insane persons are not within any "protected" class, such as one defined on ethnic, religious, gender, or age bases. Presumably they could be discriminated against by government if there was some substantive need and an underlying rational basis for such discrimination.
d. Correct.
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