Anaya Nolan
Marriage laws in the United States are a complex interplay of federal and state regulations. While the U.S. Constitution and federal laws take precedence over state laws, the states have traditionally been the primary authority to define marriage and its benefits, including prescribing who is allowed to marry and how a marriage can be dissolved. This means that marriage laws can vary from state to state, with each state, the District of Columbia, and territories like Puerto Rico and Guam, making their own marriage laws within the constraints of the Constitution.
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What You'll Learn
Marriage laws vary from state to state
Marriage laws in the United States differ from state to state. Each state, as well as the District of Columbia and the territories of Puerto Rico and Guam, has the authority to create its own marriage laws, subject to the limitations of its own and the U.S. Constitution.
One notable difference between state marriage laws is the recognition of common-law marriages. Common-law marriage comes from a time when traveling to a court or church was difficult, and it occurs when two people live together and "hold themselves out" as married. Eight states, including Colorado, Texas, and Oklahoma, still recognize common-law marriages. In these states, couples in recognized common-law marriages are considered legally married for all purposes and in all circumstances.
Another area where state marriage laws differ is in the regulation of marital property. Most states are common-law property states, meaning that each spouse owns their personal property outright, and spouses may own property together either jointly or as tenants in common. However, a minority of states consider a marriage to create a marital community, a legal entity in which each spouse has a vested interest in the marital property, separate from their individual property interests.
Additionally, divorce laws, including the grounds for divorce and the process of dissolving a marriage, vary from state to state. For example, some states require a short waiting period between the issuance of a marriage license and the marriage ceremony, while others, like California, have more restrictive laws and require premarital counseling before marriage. Furthermore, state laws may impose different requirements for prenuptial agreements, which can impact the division of property and assets during a divorce.
While states have the primary authority to regulate marriage, the U.S. Constitution outlines two circumstances in which federal law takes precedence over state marriage laws. Firstly, in matters of interstate commerce, federal law controls. Secondly, in matters within the scope of the Bill of Rights or any subsequent amendments applicable to the states, federal law takes precedence. For example, the United States Supreme Court invalidated a Virginia statute prohibiting interracial marriage in 1967, citing a violation of the equal-protection clause of the Fourteenth Amendment.
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State sovereignty and the authority to define marriage
Marriage is chiefly regulated by the states in the United States. The Tenth Amendment assigns to state governments all powers not explicitly given to the federal government. The Supreme Court has held that states are permitted to reasonably regulate the institution by prescribing who is allowed to marry and how a marriage can be dissolved.
The decision in Hollingsworth v. Perry similarly underscores the role of the state in defending marriage. If a state elects not to defend the constitutionality of its marriage statute, no private party may step in. Only governmental actors with the responsibility to enforce the law are in a position to defend the constitutionality of a law, including laws on marriage.
The Supreme Court's decision in United States v. Windsor ruled explicitly that state governments remain the primary authority to define marriage and its benefits. The Court's conclusion that the "essence" of DOMA was its attempt to "interfere" with reasoned decisions of the states to confer this "equal dignity" of same-sex couples as married couples. DOMA therefore fell because its effect was to make a "subset of state-sanctioned marriages . . . unequal." Thus, the effort of the federal government to create a uniform definition for all of its agencies and for more than a thousand federal laws must yield to state definitions because the issue of domestic relations is within the states' traditional authority.
However, the states' power to regulate marriage is not unlimited. For example, in the event of any conflict between a federal law regulating interstate commerce and a state's marriage laws, the federal law controls. Additionally, federal law controls the states' regulation of marriage as to matters within the scope of the Bill of Rights or any subsequent amendments applicable to the states.
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Unlawful marriages
Marriage laws vary from state to state in the US, and each state has the power to regulate marriage, subject to the US Constitution. The Supreme Court has held that states can reasonably regulate who is allowed to marry and how a marriage can be dissolved. While states have the power to write and enforce laws governing marriage and divorce, the federal government has intervened in state marriage laws on a few occasions. For example, in 2022, President Joe Biden signed the Respect for Marriage Act, which provides federal recognition and protection for same-sex and interracial marriages.
All states have laws about unlawful marriage, and some types of unlawful or banned marriages include:
- Bigamy: When an individual is married and marries another person without being legally released from the first marriage through death, divorce, or annulment. Bigamy is illegal in all 50 states and the District of Columbia.
- Polygamy: The United States does not recognize polygamy, even if all parties consent. However, some states may overlook polygamous relationships if all parties consent and none are children.
- Forced or fraudulent marriages: Marriages entered into by force or fraud are not recognized by any state. If one party claims they were coerced or tricked into marriage, it may be grounds for annulment.
- Void marriages: A void marriage is unlawful or invalid under the laws of the jurisdiction where it is entered. It is treated as if it never existed and may require annulment to remove any legal impediments to a subsequent marriage. Void marriages can result from prohibited incestuous relationships, a party's inability to consent due to mental incapacity, or the parties being underage and not meeting emancipation requirements.
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Marriage licenses
The requirements for obtaining a marriage license vary by country, state, and local jurisdiction. Common requirements include proof of age, identification, and proof of residency. In the US, both parties must typically appear in person, be of marriageable age (over 18 years old, lower in some states with parental consent), and present proper identification. In addition, neither party must be married to anyone else, and some states may require proof of a previous spouse's death or divorce.
It is important to note that some groups and individuals believe that obtaining a marriage license is unnecessary or immoral, arguing that marriage is a matter of personal liberty and a right, not a privilege that requires state permission. Despite these differing viewpoints, marriage licenses remain a legal requirement in many jurisdictions and are an essential step in the process of getting married.
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Marital property
Most states, the District of Columbia, and the territories are common-law property states. In these states, each spouse owns their personal property outright, and the spouses may own property together—either jointly (with the right of survivorship) or as tenants in common (without the right of survivorship). However, the marriage does not create a marital community, and hence there is no marital property. These states are known as separate property states.
In a minority of states, a marriage creates a marital community, a legal entity in which each spouse has a vested interest. In these states, marital property is separate and distinct from each spouse's individual property interests.
When it comes to distributing marital property, courts consider various factors, including the duration of the marriage, the value of the property, the spouses' contributions, incomes, and earning capacities, and their ages.
It's important to note that separate property, which includes property acquired before marriage, inheritances, and gifts received during the marriage, is treated differently from marital property. In most states, if property acquired before marriage increases in value due to the efforts of either spouse during the marriage, the appreciated value is considered marital property.
Prenuptial or postnuptial agreements can also specify how certain properties will be treated, allowing spouses to exclude specific items from being considered marital property.
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Frequently asked questions
Yes, marriage laws are chiefly regulated by individual states. However, these laws are subject to the constraints of the U.S. Constitution and federal laws.
Yes, state marriage laws can be challenged and overturned by federal laws and the Constitution. For example, in 1967, the United States Supreme Court invalidated a Virginia anti-miscegenation statute that prohibited marriage between people of different races on the grounds that it violated the equal-protection clause of the Fourteenth Amendment.
Bigamy, polygamy, and forced or fraudulent marriages are some examples of unlawful marriages that are banned in all 50 states.
