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A marriage license (or marriage licence in Commonwealth spelling) is a
document A document is a written, drawn, presented, or memorialized representation of thought, often the manifestation of non-fictional, as well as fictional, content. The word originates from the Latin ''Documentum'', which denotes a "teaching" or ...
issued, either by a
religious organization Religious activities generally need some infrastructure to be conducted. For this reason, there generally exist religion-supporting organizations, which are some form of organization that manages: * the upkeep of places of worship, such as ...
or state
authority In the fields of sociology and political science, authority is the legitimate power of a person or group over other people. In a civil state, ''authority'' is practiced in ways such a judicial branch or an executive branch of government.''The N ...
, authorizing a couple to
marry Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
. The procedure for obtaining a license varies between jurisdictions, and has changed over time. Marriage licenses began to be issued in the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
, to permit a marriage which would otherwise be illegal (for instance, if the necessary period of notice for the marriage had not been given). Today, they are a legal requirement in some jurisdictions and may also serve as the record of the marriage itself, if signed by the couple and witnessed. In other jurisdictions, a license is not required. In some jurisdictions, a "pardon" can be obtained for marrying without a license, and in some jurisdictions,
common-law marriage Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil ...
s and marriage by
cohabitation Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increas ...
and representation are also recognized. These do not require a marriage license. There are also some jurisdictions where marriage licenses do not exist at all and a
marriage certificate A marriage certificate (sometimes: marriage lines) is an official statement that two people are married. In most jurisdictions, a marriage certificate is issued by a government official only after the civil registration of the marriage. In so ...
is given to the couple after the marriage ceremony has taken place.


History

For most of Western history, marriage was a private contract between two families. Until the 16th century, Christian churches accepted the validity of a marriage on the basis of a couple’s declarations. If two people claimed that they had exchanged marital vows, even without witnesses, the Catholic Church accepted that they were validly married. Some states in the US hold that public cohabitation can be sufficient evidence of a valid marriage. Marriage license application records from government authorities are widely available starting from the mid-19th century. Some are available dating from the 17th century in colonial America. Marriage licenses have been required since 1639 in Massachusetts, with their use gradually expanding to other jurisdictions.


Australia

In
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, there is no requirement to obtain a marriage license. However, a person under the age of 18 requires the authorisation of a judge to marry. Couples must provide their marriage celebrant with a Notice of Intended Marriage at least one month and up to 18 months before a wedding.


United Kingdom


England and Wales

A requirement for
banns of marriage The banns of marriage, commonly known simply as the "banns" or "bans" (from a Middle English word meaning "proclamation", rooted in Frankish and thence in Old French), are the public announcement in a Christian parish church, or in the town cou ...
was introduced to
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
by the Church in 1215. This required a public announcement of a forthcoming marriage, in the couple's
parish church A parish church (or parochial church) in Christianity is the church which acts as the religious centre of a parish. In many parts of the world, especially in rural areas, the parish church may play a significant role in community activities, ...
, for three Sundays prior to the wedding and gave an opportunity for any objections to the marriage to be voiced (for example, that one of the parties was already married or that the couple was related within a prohibited degree), but a failure to call banns did not affect the validity of the marriage. Marriage licences were introduced in the 14th century, to allow the usual notice period under banns to be waived, on payment of a fee (see
Droit du seigneur ('right of the lord'), also known as ('right of the first night'), was a supposed legal right in medieval Europe, allowing feudal lords to have sexual relations with subordinate women, in particular, on the wedding nights of the women. A maj ...
and
merchet Merchet (also: -ett, -ete, -eit, -eat, -iett, -i(e)te, -iatte, mershet(e), marchet, -eit, market) () was a fine paid on a marriage during the Middle Ages in England. The word derives from the plural form of daughter, ''merched'', in old Welsh. Me ...
) and accompanied by a sworn declaration, that there was no
canonical impediment In the canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacrament from being performed either validly or licitly or both. The term is used most frequently in relationship to the sacraments of Marriage and Hol ...
to the marriage. Licences were usually granted by an
archbishop In Christian denominations, an archbishop is a bishop of higher rank or office. In most cases, such as the Catholic Church, there are many archbishops who either have jurisdiction over an ecclesiastical province in addition to their own archdi ...
,
bishop A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...
or
archdeacon An archdeacon is a senior clergy position in the Church of the East, Chaldean Catholic Church, Syriac Orthodox Church, Anglican Communion, St Thomas Christians, Eastern Orthodox churches and some other Christian denominations, above that o ...
. There could be a number of reasons for a couple to obtain a licence: they might wish to marry quickly (and avoid the three weeks' delay by the calling of banns); they might wish to marry in a parish away from their home parish; or, because a licence required a higher payment than banns, they might choose to obtain one as a status symbol. There were two kinds of marriage licences that could be issued: the usual was known as a ''common licence'' and named one or two parishes where the wedding could take place, within the jurisdiction of the person who issued the licence. The other was the ''special licence'', which could only be granted by the
Archbishop of Canterbury The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the ceremonial head of the worldwide Anglican Communion and the diocesan bishop of the Diocese of Canterbury. The current archbishop is Justi ...
or his officials and allowed the marriage to take place in any church. Hardwicke's Marriage Act 1753 affirmed this existing ecclesiastical law and built it into statutory law. From this date, a marriage was only legally valid, if it followed the calling of banns in church or the obtaining of a licence—the only exceptions being
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
and
Quaker Quakers are people who belong to a historically Protestant Christian set of Christian denomination, denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belie ...
marriages, whose legality was also recognised. From the date of Lord Hardwicke's Marriage Act up to 1837, the ceremony was required to be performed in a consecrated building. Since 1 July 1837, civil marriages have been a legal alternative to church marriages under the
Marriage Act 1836 The Marriage Act 1836 (6 & 7 Will 4 c 85), or the Act for Marriages in England 1836, was an Act of Parliament, Act of the Parliament of the United Kingdom that legalised civil marriage in what is now England and Wales from 30 June 1837. Since t ...
, which provided the statutory basis for regulating and recording marriages. So, today, a couple has a choice between being married in the
Anglican Church Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of the ...
, after the calling of banns or obtaining a common or special licence or else, they can give "Notice of Marriage" to a civil registrar. In this latter case, the notice is publicly posted for 15 days, after which a civil marriage can take place. Marriages may take place in churches other than Anglican churches, but these are governed by civil marriage law and notice must be given to the civil registrar in the same way. The marriage may then take place without a registrar being present if the church itself is registered for marriages and the minister or priest is an Authorised Person for marriages. The licence does not record the marriage itself, only the permission for a marriage to take place. Since 1837, the proof of a marriage has been by a
marriage certificate A marriage certificate (sometimes: marriage lines) is an official statement that two people are married. In most jurisdictions, a marriage certificate is issued by a government official only after the civil registration of the marriage. In so ...
, issued at the ceremony; before then, it was by the recording of the marriage in a
parish register A parish register in an ecclesiastical parish is a handwritten volume, normally kept in the parish church in which certain details of religious ceremonies marking major events such as baptisms (together with the dates and names of the parents), ma ...
. The provisions on civil marriage in the 1836 Act were repealed by the
Marriage Act 1949 The Marriage Act 1949 (12, 13 & 14 Geo 6 c 76) is an Act of the Parliament of the United Kingdom regulating marriages in England and Wales. The Act had prohibited solemnizing marriages during evenings and at night. Since the Marriage Act 1836 i ...
. The Marriage Act 1949 re-enacted and re-stated the law on marriage in England and Wales.


Scotland

Marriage law and practice in Scotland differs from that in England and Wales. Historically, it was always considered legal and binding for a couple to marry by making public promises, without a formal ceremony but this form has not been available since 1940. More recently "marriage by cohabitation with repute" has also been abolished for any relationship commenced since 2006. Church marriages "without proclamation" are somewhat analogous to the English "marriages by licence", although the permission to perform them is not a church matter. Religious marriages in Scotland have never had a restriction on the place in which they are performed. Marriages in Scotland normally require between 2 and 6 weeks’ notice to the district registrar depending on the previous marital status and other procedural matters usually involving the country of residence and the nationality of the parties. Marriages with less than the normal amount of notice require the permission of the Registrar General.


United States

In the United States, until the mid-19th century,
common-law marriage Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil ...
s were recognized as valid, but thereafter some states began to invalidate common-law marriages. Common-law marriages, if recognized by law, are valid, notwithstanding the absence of a marriage license; this becomes an issue in the settlement of decedents' estates. North Carolina and Tennessee (which was originally western North Carolina) never recognized marriage at the common law as valid without a license unless entered into in other states. They have always recognized otherwise valid marriages (except bigamous, polygamous, interracial, or same-sex) entered into in conformity with the law of other states, territories and nations. The specifications for obtaining a marriage license vary between states. In general, however, both parties must appear in person at the time the license is obtained; be of
marriageable age Marriageable age (or marriage age) is the general age, as a legal age or as the minimum age subject to parental, religious or other forms of social approval, at which a person is legitimately allowed for marriage. Age and other prerequisites to ...
(i.e., over 18 years; lower in some states with the consent of a parent); present proper identification (typically a driver's license, state ID card, birth certificate or passport; more documentation may be required for those born outside of the United States); and neither must be married to anyone else (proof of spouse's death or divorce may be required for someone who had been previously married in some states). The US states of
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
,
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
,
Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
,
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
,
Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
,
Oklahoma Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
,
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
,
Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
,
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
,
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
, and the
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
once required blood tests before issuing a marriage license, but such requirements have since been abolished. The tests were mainly used to check for previous or current bouts of
syphilis Syphilis () is a sexually transmitted infection caused by the bacterium ''Treponema pallidum'' subspecies ''pallidum''. The signs and symptoms of syphilis vary depending in which of the four stages it presents (primary, secondary, latent, an ...
and
rubella Rubella, also known as German measles or three-day measles, is an infection caused by the rubella virus. This disease is often mild, with half of people not realizing that they are infected. A rash may start around two weeks after exposure and ...
(German measles); other diseases that have been screened for before marriage in some cases have included
tuberculosis Tuberculosis (TB) is an infectious disease usually caused by '' Mycobacterium tuberculosis'' (MTB) bacteria. Tuberculosis generally affects the lungs, but it can also affect other parts of the body. Most infections show no symptoms, in ...
,
gonorrhea Gonorrhea, colloquially known as the clap, is a sexually transmitted infection (STI) caused by the bacterium '' Neisseria gonorrhoeae''. Infection may involve the genitals, mouth, or rectum. Infected men may experience pain or burning with ...
, and
HIV The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immune ...
, the last of which is the only one of those three that is detectable using a blood test. Many states require 1 to 6 days to pass between the granting of the license and the marriage ceremony. After the marriage ceremony, both spouses and the officiant sign the marriage license (some states also require one or two witnesses). The officiant or couple then files for a certified copy of the marriage license and a marriage certificate with the appropriate authority. Some states also have a requirement that a license be filed within a certain time after its issuance, typically 30 or 60 days, following which a new license must be obtained. Marriage licenses in the United States fall under the jurisdiction of the state in which the ceremony is performed; however, the marriage is generally recognized across the country. The state in which they are married holds the record of that marriage. Traditionally, working with law enforcement was the only means of searching and accessing marriage license information across state lines.


Controversy in the U.S.

Some groups and individuals believe that the requirement to obtain a marriage license is unnecessary or immoral. The
Libertarian Party Active parties by country Defunct parties by country Organizations associated with Libertarian parties See also * Liberal parties by country * List of libertarian organizations * Lists of political parties Lists of political part ...
, for instance, believes that marriage should be a matter of personal liberty, not requiring permission from the state. Individuals who align with this libertarian stance argue that marriage is a
right Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convent ...
, and that by allowing the state to exercise control over marriage, it falsely presupposes that we merely have the privilege, not the right, to marry. As an example of a right (as opposed to a privilege), those that are born in the US receive a
birth certificate A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuin ...
(certifying that they ''have been'' born), not a birth
license A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...
(which would give them license so they ''could be'' born). Some
Christian Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι ...
groups also argue that a marriage is a contract between a man and a woman presided over by God, so no authorization from the state is required. Some US states have started citing the state specifically as a party in the marriage contract which is seen by some as an infringement. Marriage licenses have also been the subject of controversy for affected
minority group The term 'minority group' has different usages depending on the context. According to its common usage, a minority group can simply be understood in terms of demographic sizes within a population: i.e. a group in society with the least number o ...
s. California's
Proposition 8 Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment intended to ban same-sex marriage; it passed in the November 2008 California state elections and was later overturned in cou ...
has been the subject of heavy criticism by advocates of
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
, including the lesbian, gay, bisexual, and transgender (
LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is a ...
) community whose ability to marry is often limited by the aforementioned state intervention. This changed on June 26, 2015, with the Supreme Court decision in ''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protect ...
''. However, the state and federal intervention still continues to limit the ability of members of other minority religious groups from marrying according to the dictates of their religious tenets, as is the case with Islamic
polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...
, for example. Polyamorous and polyandrous marriages are, likewise, still prohibited. In October 2009, Keith Bardwell, a
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
justice of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
, refused to issue a marriage license to an interracial couple, prompting civil liberties groups, such as the
NAACP The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E.&nb ...
and
ACLU The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
, to call for his resignation or firing. Bardwell resigned his office on November 3. In the state of
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
,
self-uniting marriage A self-uniting marriage is one in which the couple are married without the presence of a third-party officiant. Although non-denominational, this method of getting married is sometimes referred to as a "Quaker marriage", after the marriage practi ...
licenses are available which require only the signatures of the bride and groom and witnesses. Although this is an accommodation for a
Quaker wedding Quaker weddings are the traditional ceremony of marriage within the Religious Society of Friends. Quaker weddings are conducted in a similar fashion to regular Quaker meetings for worship, primarily in silence and without an officiant or a rigi ...
, any couple is able to apply for it.


The Netherlands and Belgium

In the Netherlands and Belgium, couples intending to marry are required to register their intention beforehand, a process called "
ondertrouw {{short description, Statutory requirement in the Netherlands and Belgium to formally register the intention to marry ''Ondertrouw'' (a Dutch word; also ''huwelijksaangifte'', "deposition for marriage") refers to the statutory requirement in the Net ...
".


Mexico

In Mexico, only civil marriage is recognized as legal. Persons wishing to do so may also have a religious ceremony, but it has no legal effect and does not replace in any way the legal binding civil marriage. A civil wedding in Mexico is fully valid for legal purpose in the U.S. The Mexican civil registry issues marriage certificates rather than marriage licenses because under Roman law, marriage is a legal right, which does not require a permit. Marriages are performed without charge at the premises of the "Registro Civil" at the municipal hall of most counties and state houses in Mexico.. http://www.mexicolaw.com/Marriage%20in%20Mexico.htm


See also

*
Banns of marriage The banns of marriage, commonly known simply as the "banns" or "bans" (from a Middle English word meaning "proclamation", rooted in Frankish and thence in Old French), are the public announcement in a Christian parish church, or in the town cou ...
*
Birth certificate A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuin ...
*
Death certificate A death certificate is either a legal document issued by a medical practitioner which states when a person died, or a document issued by a government civil registration office, that declares the date, location and cause of a person's death, as ...
*
Marriage certificate A marriage certificate (sometimes: marriage lines) is an official statement that two people are married. In most jurisdictions, a marriage certificate is issued by a government official only after the civil registration of the marriage. In so ...
People *
Robert Stewart Sparks Robert Stewart Sparks (1871–1932) was a Los Angeles City Council member in the 1920s. He was the first person to represent the 5th District under a new city charter effective in 1925. Earlier, he was given the nickname "Cupid" while he managed ...
, in charge of Los Angeles, California, marriage-license division, 20th century


Notes


References


Sources

*
Mark D. Herber Mark D. Herber is a British author of genealogy, London legal history and family history books. His first book ''Ancestral Trails'' won the 1997 CILIP The Chartered Institute of Library and Information Professionals, since 2017 branded CILIP ...
, ''Ancestral Trails: The complete guide to British genealogy and family history'', Sutton Publishing, 1997, * C. R. Chapman & P. M. Litton, ''Marriage laws, rites, records and customs'', Lochin Publishing, 1996 * National Conference of Commissioners on Uniform State Laws,
American Uniform Marriage and Marriage License Act
', Railway Printing Company, 1911 (Note, this is a "model act", not an actual law passed by Congress or individual states.) (Nor was this ever adopted by the Commission.) * http://www.mexicolaw.com/Marriage%20in%20Mexico.htm


External links

* * * {{DEFAULTSORT:Marriage License Licenses Marriage Pre-wedding Vital statistics (government records) Identity documents