Chapter 19 Marriage Customs & Laws (pages 268 to 279)

Objectives: How has marriage evolved over the ages? What are the legal requirements of marriage? What types of marriages are prohibited? Why are marriage laws needed?

Marriage Customs Marriage customs have developed gradually. They are influenced by the social and economic conditions of a time and region. The origin of marriage is difficult to establish. Historians have determined, though, that marriage has evolved through three main stages over the centuries.

Marriage Evolution: Marriage by Capture Marriage by Purchase Marriage for Love

Marriage by Capture… The earliest type of union was marriage by capture. Imagine Gar and several fellow tribesmen invading another tribe to kidnap a woman he thinks will be a good slave and worker. Her friends try to save her, but strength alone makes Gar successful. To appease the anger of his “bride’s” father, Gar later sends gifts. By today’s standard, this method leaves much to be desired. Still, do you see any links to the present in the scene? Gar’s friends would be the groomsmen and ushers we have today. The girlfriends who try to save the bride were probably the first bridesmaids.

Marriage by Purchase… The second type of union was marriage by purchase. Girls were under the care and authority of the father or closest male relative. The prospective husband or the elders in his family usually asked the father of the daughter after seeking the father’s approval and paying his “demanding price” with gifts and other goods. This was called the betrothal. The mother’s approval was not necessary since she, too, was under the domination of her husband. The transfer took place in public to let everyone know that the girl belonged to the husband. Following the father’s consent, the families of the bride and groom ate together, and the groom took the bride home. Many times these arrangements were made years before the actual marriage took place.

Marriage for Love… The third type of union, marriage for love, evolved during the eighteenth century. While many marriages were still arranged by families, the idea of marrying because of love became popular. The colonists brought this way of thinking to America when they settled here. Even though marriage for love is standard in the United States today, some cultures do not share this custom. In a world where different cultures meet frequently, problems can occur. American marriage customs have changed much since colonial days. Most colonies in North America, which were mainly English, followed the “old country” customs, which varied quite a bit. These contrast with the customs followed today. Reference chart on page 271.

Marriage Customs Chart on page 271

Internet Research Take about 10 minutes to research on the internet regarding marriage customs across the glove. Look into modern day marriage customs of other countries. Be prepared to share this information with the class.

Marriage Laws Like, customs, marriage laws have also developed slowly. Moreover, they are not the same from one state to another, even today. For this reason, when dealing with any marital question, check the laws in the state where you will marry to be sure you know what is expected.

Monogamy Under the law a marriage may involve only one wife and one husband. This is called monogamy. Remarriage may occur but only if a spouse has died or the marriage has been legally ended. When a person who is still legally married enters into another marriage, this is called bigamy. Bigamy is illegal. In the past some religions allowed marriages with more than two partners. Families often consisted of a husband and two or more wives. Called Polygamy, this is also illegal in the United States.

Legal Requirements for Marriage An important element required to make a marriage valid is the mutual consent of both parties. No valid marriage exists if the man or woman is against the idea. There may be no threats forcing the ceremony. Also if one partner is under the influence of alcohol or drugs or misunderstands the seriousness of the ceremony, the marriage may be prnounced invalid by the court.

Three acts are necessary for a legal marriage. A marriage license must be obtained from the person authorized to issue it (usually a county clerk of courts). The ceremony must be performed by an authorized official. The marriage must be reported to the state department in charge of keeping records. This is usually the responsibility of the person issuing the license. These three regulations are required by all states but not all states handle these regulations in the same manner.

Marriage Age… Most states have two age requirements for marriage: One at which young people may marry with parental consent One at which young people do not have to have consent of their parents. Nearly all states permit males and females to marry at age eighteen without consent. With consent, over half the states allow both sexes to marry at sixteen. In the remaining states, the age requirement with parental consent ranges from twelve to eighteen.

Physical Requirements… Some states require a blood test shortly before marriage to show that the partners are free from certain communicable diseases. Sexually transmitted diseases are of particular concern. The examination certificate is good for a specific period of time, usually one week to six months, depending on the state. If the couple does not marry within that time, another blood test must be taken.

Documents… Before a couple can be married, they must obtain a license. Legal requirements on applying for and getting the license vary from state to state. The license, which is eventually returned for filing with the state, serves as an authorized written record of a couple’s marriage. Marriage licenses protect property rights, inheritances, and the rights of children. They help the courts make fair decisions whenever necessary.

Documents… Marriage licenses do not detail exactly what a couple agrees on or the duties of each as a married pair. Many martial duties and obligations are implied rather than spelled out by law. Some couples today do wish to have a formal agreement on certain issues. If they wish, a written contract can be prepared. They may want to clarify their feelings about such concerns as working, children, money management, education, and even where they will live.

Example… When Herschel and Nicole decided to get married, they put their concerns into a contract, called a prenuptial agreement. They wanted something in writing about the handling of their property and income should they ever go their separate ways. Although this seemed a little negative, they felt that it was a good idea. Writing a contract not only helps a couple work out their marital expectations together, but it can also provide protection on issues that are important to them.

Documents … When a couple marries, an olral contact is generally part of the ceremony. This is the “I do” recitation declared by the partners. It may be in the traditional format or be written by the couple themselves. Usually the person who will perform the marriage is consulted when couples wish to write their own vows

Waiting Period… Many states now require a waiting period betweent he time two people decide to marry and the time the ceremony is performed. The waiting period takes place either between the application and the receipt of the license or between the receipt of the license and the ceremony. The period varies according to the state, usually one to five days.

Marriage Ceremonies & Officials Marriages in the US may be performed in either a civil or religious ceremony. Civil refers to the civic or ordinary business of people. A civil ceremony is often performed in a courtroom or some location that has not religious connection. Religious ceremonies vary according to the specific traditions followed in each religion. What traditions have you observed in different wedding ceremonies?

Marriage Ceremonies & Officials The person who performs a marriage ceremony may be a member of the clergy or a designated stqte official. Religious marriages usually are performed by a minister, priest, rabbi, mullah, or bishop. A judge or clerk of courts may perform civil marriage ceremonies. Others, who may legally perform the ceremony are higher judges, majors, recorders, magistrates, notaries public, and ship captains if the ceremony is performed at sea.

Marriage Ceremonies & Officials Even an ordinary citizen can conduct a legal marriage in some states. In these cases, if the partners solemnly and in good faith declare their marriage vows in the presence of a third party, the ceremony is considered legal. Some states have specific laws for marriages in the Quaker faith. These require no official, with the two parties simply consenting to the marriage contract in the presence of the congregation.

Prohibited Marriages… All states forbid marriages between blood relatives, or consanguinity. Thus a person may not marry his or her parent, grandparent, daughter or son, sibling, aunt or uncle, or niece or nephew. Over half the states prohibit marriage between first cousins and between half-blood brothers and sisters. Some states consider marriages of second cousins illegal.

Prohibited Marriages… Objections to the marriages of close blood relatives make sense biologically. You may recall from your studies that blood relatives are likely to inherit the same genes from common ancestors. If so, defective genes have a double chance of being passed on to children who inherit from both partents. Another objection is the age-old condemnation of incest, sexually relations between two people too closely related to marry legally. The most primitive societies considered incest taboo, or very wrong. All modern cultures maintain that attitude.

Prohibited Marriages… Some states also have regulations on marriages between two people who are related by marriage only, or affinity, such as a man and his step-daughter. There is no biological basis for such prohibitions. Objections, however, may be based on the assumption that relationships of this type may no work well under the circumstances.

Living Together… Some couples choose to live together, or cohabitate, rather than marry. Such arrangements are generally offered few legal considerations under the law. In some states they are even illegal. When unmarried partners break up or one becomes ill or dies, no rights are afforded to the other concerning property or financial support in most states. One partner must sue the other in court to settle any financial disputes.

Common-Law Marriages… In some states, a cou0ple may be recognized as having a common-law marriage. The name common-law comes from the plebians, or common people, who practicesd this type of union in years past. In a common-law marriage, the couple consider themselves married even though legal requirements have not been met. The partnership may need to exist for a specified length of time before it is recognized legally. Mutual consent is the key element in common-law marriages. The validity is derived from the consent of both parties. Many states forbid such marriages but recognize them as valid when entered into in states where they are allowed.

Changing You Name… For many years women have taken the last name of their husbands when they marry.; This tradition is no longer followed by everyone. Some women simply keep their own name. Others create a new name by combining last names with a hyphen. Legally, couples may do as they wish on this issue.