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	Rex Ballard - Director of Electronic Distribution
	http://cnj.digex.net/~rballard


On Fri, 2 Feb 1996, fathers wrote:

> From: Terry McIntyre 
> On Thu, 1 Feb 1996 sabutigo@teleport.com wrote:
> > >	It comes to my mind to inquire, when did the State begin to 
> > >regulate and license marriage? Was there not a time when a pair of adults 
> > >determined that they were married, without the aid of outside authorities?

Marriage licenses were originally instituted as simplified marital 
contracts.  Later, they regulated the terms, including prohibitions against 
interacial marriage, marriage between family members, and marriage by 
people with untreated sexually transmitted diseases.

Often, marriages were "common-law" until the woman learned she was 
pregnant.  Most states still have common law marriages.  The main 
function of common-law marriage is to prevent one partner from avoiding 
credit obligations incurred as a couple.  In Colorado, I was common-law 
married by buying a car jointly with my wife as Mr & Mrs.  About 2 weeks 
later, we got married.

> > A license, by definition, is legal permission to do that which otherwise
> > would be illegal. The "license" to marry originated in states that
> > prohibited miscegenation (intermarriage between races). A license could be
> > obtained in order to proceed. Prior to that, most people made some sort of
> > what we now call pre-nuptual agreement and filed it with the county clerk.

The license is also an alternative to a contract.  You have licenses for 
software which carry implied legal obligations whether you read the 
licenses or not.  Most people, if they actually read and understood the 
terms of a Microsoft or Novell licence, would never open the envelope.  
Most men, if they understood the terms and legal obligations of signing 
the marriage licenses would never consent.

Often the obligations shift with each type of marriage.  A common-law 
marriage where there are no dependent children can be disolved with a 
simple form, filed with the county clerk (Colorado).  A licenced marriage 
involving children must be terminated with the approval of the Judge.  
The Judge will reject even a "negotiated settlement" if he does not feel 
that the levels of support are high enough.  The judge in my case wanted 
me to pay much more, until my wife blurted out "can we get this thing 
finalized, I'm getting married next week".  He signed a minute order and
accepted the settlement, including some rather interesting terms.

> 	Interesting. Why did the Supreme Court merely modify the
> "privilege of marrying", (Virignia v Loving ) instead of tossing out the
> whole concept of licensing?  Could a couple today reassert this
> fundamental right? For example, could a Mormon or a Moslem marry more than
> one wife, under common law? 

It is possible and legal to have a household with more than one "wife".  
Unfortunately, only one can be declared as a spouse in family insurance 
plans.

From rballard@cnj.digex.net Sun Feb 11 15:45:24 1996