Gavin Howe
Marriage laws vary across the world, and there are several reasons why people may be prevented from getting married. These include age, incest, same-sex marriage, polygamy, and health. In the US, the minimum age for marriage without parental and/or judicial approval is 18, except for Nebraska (19) and Mississippi (21). Most countries do not allow polygamy, and until 2015, same-sex marriage was not federally recognized in the US. Some countries also have laws against incest, such as in South Korea, where marriage between people with the same surname and belonging to the same clan was prohibited until 1997.
| Characteristics | Values |
|---|---|
| Age | The minimum age to marry varies across countries. In the US, the minimum age is 18, except in Nebraska (19) and Mississippi (21). In England and Wales, the minimum age is 18, but 16- and 17-year-olds can marry with parental consent. |
| Parental Consent | Some countries require parental consent for individuals under a certain age to marry. |
| Medical Tests | Some jurisdictions have mandated premarital medical examinations, such as blood tests for syphilis. |
| Same-Sex Marriage | Some countries and jurisdictions recognize same-sex marriage, while others explicitly prohibit it. |
| Polygamy | Polygamy, or being married to more than one spouse, is illegal in most countries. |
| Common-Law Marriage | Common-law marriage, where a couple lives together and holds themselves out as married, is recognized in some states and countries. |
| Consanguinity | Marrying a person with the same surname or belonging to the same clan is prohibited in some societies. Marrying cousins is banned in some countries and states. |
| Mental Capacity | In some US states, a marriage license can be denied if one of the parties is believed to be drunk, insane, or an "imbecile." |
| Religious Restrictions | Some religious laws and denominations prohibit certain marriages, such as the Catholic Church banning marriages between first cousins. |
| Local Laws | Some towns have unique marriage laws, such as prohibiting married couples from sleeping naked next to each other. |
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What You'll Learn
Minimum age requirements
The minimum age at which a person can lawfully marry varies from country to country, as do the requirements for parental or other consent. In the United States, the minimum age for marriage without parental and/or judicial approval is 18, except for Nebraska (19) and Mississippi (21). However, most states allow exceptions to the general minimum age in certain circumstances. For example, in Kentucky, it is illegal to marry the same person four times, and in Utah, first cousins can only marry if they are over 65 years old. Similarly, in England and Wales, the general age at which a person may marry is 18, but 16- or 17-year-olds may marry with parental or guardian consent, or with consent from the courts. In Nigeria, as most marriages are religious, there is no strict minimum age for marriage. The age requirements are determined by the religious bodies coordinating the marriage, as well as parental consent. In Sierra Leone, the president has banned marriages for children under 18 and imposed fines on adult spouses who do so. In the Philippines, the minimum legal age for marriage is 18, but 16- and 17-year-olds can marry with parental consent.
Historically, marriage laws have been used to control and restrict the behaviour of citizens. For example, in the early 20th century, several jurisdictions mandated premarital medical examinations, such as the Wassermann test for syphilis, to prevent the spread of infection. These laws were eventually repealed as they were no longer considered cost-effective. Marriage laws have also been used to uphold religious or moral beliefs, such as the Defense of Marriage Act in the United States, which defined marriage as "between a man as husband and a woman as wife". This Act was created by conservative and religious activists who opposed same-sex marriage.
Today, many countries are moving towards recognising same-sex marriages and providing legal and religious recognition for couples who were previously prevented from marrying, such as first cousins. While progress has been made, there are still laws in place that restrict an individual's right to marry, such as minimum age requirements and parental consent laws. These laws aim to protect minors from forced or arranged marriages and ensure that all individuals entering into marriage are doing so of their own free will and with full understanding of the legal and social implications.
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Same-sex marriage bans
Same-sex marriage has been a contentious issue in recent years, with a notable shift in partisan views. While public backing for same-sex marriage was initially low, with only 27% support from Americans in 1996, support has grown over the years, with a steady 68% of Americans supporting it as of 2025. The latest polls show that 86% of Democrats and 38% of Republicans consider gay or lesbian relations to be morally acceptable.
Despite this growing acceptance, same-sex marriage bans have been a significant issue in the United States. In 1971, the first challenge to same-sex marriage laws occurred, as prior to this, no state had a specific law prohibiting two people of the same gender from marrying. Following the Supreme Court's decision in Baker v. Nelson, most states defined marriage as "between a man and a woman". In 1996, President Bill Clinton signed the "Defense of Marriage Act" (DOMA), which created a federal definition of marriage as "between a man as husband and a woman as wife". This act superseded all state laws and was driven by conservative and religious activists opposing gay and lesbian marriage.
However, in 2003, Massachusetts became the first state to issue marriage licenses to same-sex couples, with California following in 2008. The tide began to turn in favor of same-sex marriage rights. In 2015, the Supreme Court's decision in Obergefell v. Hodges guaranteed marital rights for all same-sex married couples in America. This decision established same-sex marriage as a national right and prevented states from enforcing bans.
Nevertheless, same-sex marriage continues to face opposition. Despite the Obergefell decision, a majority of states still have existing laws that would ban same-sex marriage. If the Supreme Court were to overturn the Obergefell ruling, these states could quickly revert to enforcing these bans. This threat is exacerbated by the influence of President Donald Trump's anti-LGBTQ+ measures and the Supreme Court's recent willingness to overturn precedents. Republican state lawmakers have introduced legislation that targets same-sex marriage as part of a broader assault on LGBTQ+ rights.
The battle for same-sex marriage rights remains ongoing, with Democratic legislators in some states, such as Michigan, working to protect these rights by repealing constitutional bans. While public opinion and legal rulings have expanded marriage equality, the persistence of discriminatory laws and political opposition underscores the ongoing challenges faced by the LGBTQ+ community in securing their right to marry.
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Polygamy laws
Polygamy, or being married to more than one spouse, is illegal in most countries. Polygamy laws vary across the world, with some countries criminalising the practice, while others turn a blind eye or allow it under specific circumstances. In Western countries, polygamy is generally prohibited, although some recognise polygamous marriages performed in other nations.
United States
Polygamy is illegal in all 50 states and territories of the United States. The Edmunds Act of 1882 outlawed the practice in federal territories, and it is considered "against public policy". Bigamy, or marrying one spouse while already married to another, is treated as a strict liability crime in many US courts, and can lead to felony convictions even if the accused reasonably believed they had only one legal spouse. The Edmunds-Tucker Act of 1887 further extended these punishments, allowing for fines and imprisonment for those convicted of polygamy. While the practice is not actively prosecuted at the federal level, it remains illegal under federal law.
The history of polygamy legislation in the US is closely tied to the Church of Jesus Christ of Latter-day Saints (LDS Church). The first legislative attempt to discourage polygamy, defeated in 1854, would have prohibited men with multiple wives from owning land in the Utah Territory. The Morrill Anti-Bigamy Act of 1862 criminalised polygamy and limited the LDS Church's real estate holdings, but it was largely ineffective at preventing the practice. The Edmunds-Tucker Act of 1887 allowed for the seizure of church property and the disincorporation of the LDS Church. In recent years, Utah has reduced the penalty for polygamy to a status similar to a traffic ticket, but it remains illegal under the state's constitution.
Canada
In Canada, the criminalisation of polygamy has been the subject of legal debate. While the practice is illegal under the Canadian Charter of Rights and Freedoms, the Supreme Court of British Columbia has ruled that minors should not be prosecuted for participating in polygamous marriages. The court acknowledged the conflict between anti-polygamy legislation and some civil rights principles, citing potential harm to women, children, society, and the institution of monogamous marriage.
Other Countries
Polygamy is more widespread in Africa than on any other continent, with the highest prevalence in the "polygamy belt" of West and Central Africa. Several African countries, including Kenya, Gabon, and certain Muslim communities in South Africa, have specific legislation allowing polygamous marriages. In Asia, polygamy is practised in some parts despite laws prohibiting it. Israel, for example, has banned polygamy since at least 1959, but the law is not consistently enforced. In Brazil, bigamy is illegal and punishable by imprisonment for all citizens, including naturalized ones.
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Medical testing
Marriage laws vary across the world and have changed over time. Beginning in the early 20th century, a number of countries, including the US, Canada, and some European nations such as Sweden, mandated premarital medical testing or examinations for one or both parties. The most common requirement was a blood test for syphilis, a disease that could be transmitted from mother to child and cause birth defects. Other diseases that were sometimes targeted included gonorrhea and rubella.
In the US, between the 1930s and 1950s, most states passed laws requiring both parties to a marriage to undergo a Wassermann test (or equivalent) for syphilis. If one of the parties was found to have communicable syphilis, they would generally be prevented from marrying until they underwent treatment to resolve the infection. By 1954, all but eight states required premarital blood tests. These statutes were eventually repealed between the 1970s and 2000s, as they were no longer considered a cost-effective public health measure.
In the 1980s and 1990s, many US state legislatures considered laws requiring premarital HIV testing, but only a small number were adopted, and they were only briefly in effect. However, in the same period, some national and subnational governments in other countries implemented or considered implementing mandatory HIV testing prior to marriage.
In addition to infectious diseases, other medical tests that are sometimes recommended before marriage include blood group tests, mental health assessments, and tests for hepatitis B and C. Blood group tests can help identify potential issues during pregnancy, such as Rh incompatibility, which can be prevented with medication. Mental health assessments can help couples have a healthier and happier marriage by improving communication and understanding. Tests for hepatitis B and C can identify infections that can affect the liver and be transmitted through sexual contact, blood transfusions, or from mother to child during pregnancy.
While premarital medical testing is no longer legally required in most places, it can still be beneficial for couples to undergo certain tests or examinations to ensure they are compatible and healthy, especially if they plan to have children.
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Consanguinity laws
In Connecticut, for example, the following relationships are explicitly forbidden from marrying: "parent, grandparent, child, grandchild, sibling, parent's sibling, sibling's child, stepparent, or stepchild". Marriages between such individuals are considered void, meaning they were never recognised as valid under state or federal law. Other states may have similar prohibitions, but the specific degrees of consanguinity that give rise to this prohibition can vary.
Historically, under Roman civil law and early canon law of the Catholic Church, couples were forbidden to marry if they were within four degrees of consanguinity. This was later changed by the Catholic Church in the ninth century, which raised the number of prohibited degrees to seven and modified the method of calculation. This made it more challenging for nobility to find eligible spouses, as their pool of non-related prospective partners decreased significantly.
In the fourteenth century, the Fourth Lateran Council reduced the prohibited degrees of consanguinity back to four, simplifying the process of obtaining dispensations for marriages between more distant cousins. This change was met with criticism in some societies, such as 11th-century Croatia, where it led to a schism in the local church.
Today, cousin marriages are allowed or encouraged in some communities and time periods, while in others, they are considered taboo and incestuous. The degree of consanguinity is also relevant in determining heirs of an estate, particularly in cases of intestate succession, where laws generally favour inheritance by persons closely related to the deceased.
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Frequently asked questions
The minimum age to marry varies from country to country. For example, in the U.S., the minimum age for marriage without parental and/or judicial approval is 18, except for Nebraska (19) and Mississippi (21). In England and Wales, the general age at which a person may marry is 18, but 16- or 17-year-olds may get married with parental or guardian consent.
In some countries and 30 states of the USA, first cousins are prohibited from marrying. In other places, such as Australia, first cousins are allowed to marry. In Utah, first cousins can only marry if they are over 65 years old.
The laws on same-sex marriage vary across the world. In 1989, Denmark became the first country to legally recognise same-sex relationships. In the U.S., same-sex marriage was guaranteed in 2015 by the Supreme Court decision Obergefell v. Hodges. However, some countries and jurisdictions still explicitly prohibit same-sex marriage.
Common-law marriage comes from a time when travelling to a court or church was difficult. A couple is considered married if they live together and "hold themselves out" as married. Common-law marriage is recognised in 15 states and the District of Columbia in the U.S., and couples are eligible for most of the financial benefits of a married couple.
Beginning in the early 20th century, many jurisdictions mandated premarital medical testing, particularly for syphilis. These statutes have since been repealed in many places. However, some countries and religions continue to impose medical restrictions on marriage, such as requiring HIV testing before marriage.
