Keith Mack
Marriage laws in the United States vary from state to state. While the federal government has intervened in state marriage laws on rare occasions, such as in the case of the Respect for Marriage Act signed by President Joe Biden in 2022, which provided federal recognition and protection for same-sex and interracial marriages, it is primarily the states that make and enforce marriage laws. This includes deciding who can marry and how a marriage can be dissolved, as long as a state does not discriminate against people protected by the Constitution. State laws regarding marriage include requirements for marriage licenses, waiting periods, and the recognition of different types of marriages, such as common-law or same-sex marriages.
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What You'll Learn
Marriage laws vary across states
Marriage laws in the United States vary across states. Marriage is a matter of state law, and each state has its own requirements for marriage. While the federal government has intervened in state marriage laws on rare occasions, such as the Respect for Marriage Act signed by President Joe Biden in 2022, which provided federal recognition and protection for same-sex and interracial marriages, it is primarily regulated by state governments.
One notable difference in marriage laws across states is the minimum age for marriage without parental consent. For example, Delaware, Pennsylvania, and South Carolina do not allow marriage for those under 18, even with parental consent. In contrast, four states have no statutory minimum age if other legal conditions are met. Additionally, states like California have more restrictive laws, such as requiring premarital counseling, while others like Nevada have more lenient laws, allowing anyone to marry without such prerequisites.
Another area of variation is the recognition of common-law marriages, where couples are considered legally married if they live together and hold themselves out as married. Eight states and the District of Columbia still recognize this type of marriage. Furthermore, divorce laws, including how property is divided and child custody is determined, also differ from state to state, which can be particularly complex for couples who have lived in multiple states.
Other differences in marriage laws across states include waiting periods before the marriage, with some states like Maryland, Louisiana, and Texas having shorter waiting times of two to three days, while others like Minnesota require a longer wait of five days. Additionally, some states may require blood tests and physical exams, although many states have recently eliminated this requirement.
It is important to note that while states have the power to regulate marriage, it is not unlimited. Federal law controls in cases where there is a conflict between state marriage laws and matters delegated to the United States, such as the regulation of interstate commerce, or issues within the scope of the Bill of Rights and subsequent amendments.
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State laws on unlawful marriages
Marriage is chiefly regulated by the states in the United States, and each state has its own requirements for marriage. The Supreme Court has held that states are permitted to reasonably regulate the institution by prescribing who is allowed to marry and how the marriage can be dissolved. While the federal government has rarely intervened in state marriage laws, it has weighed in with laws against polygamy, and 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 and polygamy. Bigamy, or marrying another person while still being married to someone else, is illegal in all 50 states and the District of Columbia. Polygamy, which is allowed in some religions such as Mormonism and Islam, is not recognized by the United States, even if all parties consent. However, some states, like Utah, may overlook polygamous relationships if all parties consent and none of them are children.
Forced or fraudulent marriages are also not recognized by any state. If one party claims they were coerced or tricked into marriage, it may be grounds for annulment. Additionally, some states have more restrictive laws, such as California, which requires premarital counseling before marriage, while other states, like Nevada, allow anyone to marry.
Other limitations on individuals that vary across states include age requirements, the need for blood tests, and good mental capacity. States also differ in their recognition of common-law marriages, where a couple is considered married if they live together and "hold themselves out" as married. While eight states still recognize this type of marriage, it is no longer widely recognized.
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Federal government intervention in state marriage laws
Marriage in the United States is a matter of state law. Each state has its own requirements for marriage, with the only federal law being that a marriage in one state is valid in every other state. However, there are a few instances where the federal government has intervened in state marriage laws.
The first instance was in 1996 when President Bill Clinton signed the "Defense of Marriage Act" (DOMA), which superseded all state laws and created a federal definition of marriage as "between a man as husband and a woman as wife". This Act allowed states to deny marriage equality to same-sex couples and was a response to efforts to legalize same-sex marriage in the 1990s. Despite this, some states, like California, achieved marriage equality in 2008, only to have it overturned by Proposition 8, a ballot initiative that defined marriage as between a man and a woman.
The second instance of federal intervention was in 2022 when President Joe Biden signed the Respect for Marriage Act, which provides federal recognition and protection for same-sex and interracial marriages. This Act was a response to the backlash to the Obergefell decision, which interpreted how state power over marriages can be used constitutionally when conflicting with civil rights guaranteed by the Fourteenth Amendment. The Obergefell decision stated that bans on same-sex marriage must yield to the Amendment's guarantee of equality.
Another area where the federal government has intervened is in laws against polygamy. While some religions, such as Mormonism and Islam, allow polygamous marriages, the United States does not recognize them, even if all parties consent. Bigamy, or having more than one spouse at a time, is also illegal in all 50 states and the District of Columbia.
While the states have the primary authority to define marriage and its benefits, the federal government can intervene when there is a conflict with federal laws or the Bill of Rights. For example, in Loving v. Virginia, the Supreme Court invalidated a Virginia statute that prohibited interracial marriage, citing a violation of the equal-protection clause of the Fourteenth Amendment.
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State sovereignty in defining marriage
Marriage laws in the United States are chiefly regulated by individual states, which have the power to write and enforce laws governing marriage and divorce. Each state, as well as the District of Columbia and the territories of Puerto Rico and Guam, makes its own marriage laws, subject to the constraints of the state and US constitutions.
The Tenth Amendment assigns to state governments all power not explicitly given to the federal government. The Supreme Court has held that states are permitted to reasonably regulate marriage by prescribing who is allowed to marry and how a marriage can be dissolved. However, the states' power to regulate marriage is not unlimited. In matters delegated to the United States, such as the regulation of interstate commerce, federal law controls. Additionally, federal law takes precedence over state law when it comes to matters within the scope of the Bill of Rights or any subsequent amendments applicable to the states. For example, in Loving v. Virginia, the United States Supreme Court invalidated a Virginia statute that prohibited interracial marriage on the grounds that it violated the equal protection clause of the Fourteenth Amendment.
The issue of same-sex marriage has been a contentious one, with the federal Defense of Marriage Act (DOMA) passed in 1996 preserving the rights of individual states to refuse to recognize same-sex marriages sanctioned by other states. However, in a pair of landmark decisions, the Supreme Court laid the groundwork for the creation of a new civil right to same-sex marriage. In one case, the Court overturned a section of DOMA that defined marriage as a union between a man and a woman, and in another, it refused to uphold the rights of American citizens who had defended that definition in their state of California. While the Supreme Court did not declare that same-sex marriage is a civil right or overturn state laws prohibiting it, it did prepare the way for state-by-state battles leading to that end. In 2022, President Joe Biden signed the Respect for Marriage Act, which provides federal recognition and protection for same-sex and interracial marriages. This was another instance of the federal government intervening in state marriage laws.
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Limitations on individuals for marriage
Marriage laws vary from state to state in the US, and each state, as well as the District of Columbia and the territories of Puerto Rico and Guam, makes its own marriage laws. These laws are subject to the constraints of the state and US Constitution. While the Supreme Court has held that states are permitted to reasonably regulate marriage, this power is not unlimited. For example, in the event of a conflict between a federal law regulating interstate commerce and a state's marriage laws, federal law controls.
There are several limitations on individuals for marriage. Firstly, all states limit people to one living husband or wife at a time and will not issue marriage licenses to anyone with a living spouse. Once an individual is married, they must be legally released from the relationship by death, divorce, or annulment before they can remarry.
Other limitations on individuals include age and close relationships. While the specific age requirements differ between states, most modern legal systems provide for a legal minimum age of marriage ranging from 15 to 18 years. Some states also require blood tests and proof of good mental capacity to marry. Marriages between close relatives are also prohibited in many states.
In addition to these limitations, individuals may also need to comply with administrative provisions, such as registration and health certificates, and religious requirements, depending on the state and the couple's personal beliefs. Some states also have waiting periods between the time the license is issued and the marriage ceremony.
It is important to note that the federal government has intervened in state marriage laws on a few occasions. For example, the Respect for Marriage Act, signed by President Joe Biden in 2022, provides federal recognition and protection for same-sex and interracial marriages. This Act also repealed the Defense of Marriage Act, which allowed states to refuse to honor same-gender marriage licenses issued by other states.
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Frequently asked questions
Yes, each state makes its own marriage laws, subject to the constraints of the state and U.S. Constitution.
Yes, in two instances: firstly, in matters delegated to the United States, such as the regulation of interstate commerce, federal law controls. Secondly, in matters within the scope of the Bill of Rights, federal law also controls.
Yes, in 2022, President Joe Biden signed the Respect for Marriage Act, which provided federal recognition and protection for same-sex and interracial marriages. This was in response to the backlash to Obergefell, and it was one of the few instances of federal intervention in state marriage laws.
