Last Updated: August 4th, 2022
The marriage license is a document that makes the marriage a legally binding contract. From a bureaucratic viewpoint, the marriage license is no different than any other legal contract.
The marriage license is a government issued document that makes the marriage a legally binding contract. From a bureaucratic viewpoint, the marriage license is no different than any other legal contract. It serves as a government record that the two parties listed on the document are contractually obligated to each other, in other words, they are legally married.
Most people don't know this, but the government issued marriage license is a relatively recent cultural development. With the exception of Massachusetts, there was no such thing as a marriage license in the United States until about the 1920's. Even then, it took another few decades for the marriage license to catch on in all 50 States and territories.
Prior to the institution of government issued marriage licenses, marriage was administered and recorded by various communal and religious institutions. This is the main reason why Common Law Marriages exists. It was partially intended to grandfather in marriages that took place before state governments took over the administration of marriage.
The requirements for obtaining a marriage license generally include:
Both parties must appear in person. Both must also be of marriageable age (typically over 18, though some states allow younger individuals to marry with parental consent, but these exceptions are disappearing, check out AMM's blog to get the latest news).
Issuing offices also require proper identification (driver's license, state ID, birth certificate, or passport) at the time of application.
Neither party can be married to someone else (proof of divorce or a spouse's death may be required for previously married individuals).
We also get a lot of questions about blood test requirements. license. These tests screened for diseases like syphilis, rubella, tuberculosis, gonorrhea, and HIV.
A few places like Puerto Rico still do, and some countries outside of the scope of this article do as well. But this is also a requirement that is slowly disappearing. Previously, states such as Louisiana, Florida, Connecticut, Wisconsin, Indiana, Oklahoma, Massachusetts, Mississippi, California, New York, and the District of Columbia required blood tests before issuing a marriage license.
Marriage Ceremony and License Filing:
Most states require couples to wait a few days between issuing the license and the ceremony. After the ceremony, the marriage license must be signed by both partners and the officiant. Some states also require witnesses. Check our Weddings by State pages for more details. Some states also require the license to be filed within a certain time frame (typically 30 or 60 days) after its issuance. Check with the issuing office to see who is responsible for this final task.
Jurisdiction and Recognition: Marriage licenses are issued by the state where the ceremony is performed, but the marriage is recognized across the US.
Alabama's a bit different: In 2019, Alabama passed a law abolishing marriage licenses and the requirement for solemnization. Couples of legal age can now fill out a marriage certificate, have it notarized, and submit it to an Alabama probate court.
The marriage certificate is located on the Alabama Public Health website, and can be filled out electronically and printed for signing. After notarizing the certificate, it must be delivered to a state probate court within 30 days of signing to be recorded.
Not everyone likes the marriage license model: Libertarians argue that marriage should be a matter of personal liberty, not requiring state permission. This is certainly a strong argument, since AMM holds that the state shouldn't be in the position of saying who can and can't officiate weddings.
Some religious groups argue that marriage is a spiritual contract, and therefore does not need state authorization. The involvement of the state as a party in marriage contracts is viewed by these folks as an infringement on personal freedoms.
There's a civil rights angle too: The government has historically used licensing to prevent interracial marriage, and civil rights advocates worry that this could happen again. California's Proposition 8 faced criticism from same-sex marriage advocates for making such an attempt.
In fact, there's a history of government officials using marriage license issuance in this way. In 2009, a Louisiana justice of the peace refused to issue a marriage license to an interracial couple. This ignited a firestorm of criticism, and Bardwell resigned that same year, but it was a chilling reminder of our country's racist past, and gives us pause.
There's a moral component for this next example. State and federal laws still restrict marriages in certain contexts, such as Islamic polygamy and polyamorous or polyandrous marriages. So while we might not all support such unions, it shows that these documents can be used to limit how people express their marital preferences
Do it yourself: In Pennsylvania, self-uniting marriage licenses are available and only require the signatures of the bride, groom, and witnesses. Originally for Quaker weddings, these licenses are now available to any couple.
Marriage licenses, how the marriage license works, and how the marriage license is used matter because they are a physical representation of the underlying governance surrounding marriage. Here at AMM, our marriage equality stance compels us to stay on top of the trends in marriage governance and make sure that this part of civic life is governed with equity and fairness to all, regardless of race, gender, belief, background and other such distinctions.
If you are interested in learning more about the history of marriage licenses, you can check out the following links.
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