In the United States, until the mid-19th century,
common-law marriages were recognized as valid, but thereafter some states began to invalidate common-law marriages. Common-law marriages, if recognized by law, are valid, notwithstanding the absence of a marriage license; this becomes an issue in the settlement of decedents' estates. North Carolina and Tennessee (which was originally western North Carolina) never recognized marriage at the common law as valid without a license unless entered into in other states. They have always recognized otherwise valid marriages (except bigamous, polygamous, interracial, or same-sex) entered into in conformity with the law of other states, territories and nations. The specifications for obtaining a marriage license vary between states. In general, however, both parties must appear in person at the time the license is obtained; be of
marriageable age (i.e., over 18 years; lower in some states with the consent of a parent); present proper
identification (typically a driver's license, state ID card, birth certificate or passport; more documentation may be required for those born outside of the United States); and neither must be married to anyone else (proof of spouse's death or divorce may be required for someone who had been previously married in some states). The US states of
Louisiana,
Florida,
Connecticut,
Wisconsin,
Indiana,
Oklahoma,
Massachusetts,
Mississippi,
California,
New York, and the
District of Columbia once required blood tests before issuing a marriage license, but such requirements have since been abolished. The tests were mainly used to check for previous or current bouts of
syphilis and
rubella (German measles); other diseases that have been screened for before marriage in some cases have included
tuberculosis,
gonorrhea, and
HIV, the last of which is the only one of those three that is detectable using a blood test. In Alabama, a law was passed in 2019 which abolished the issuance of marriage licenses and repealed a requirement for solemnization. Instead, couples of legal age are allowed to jointly fill out a marriage certificate, have their certificate notarized by two
notaries public, and submit their certificate to an Alabama judge, who is required to accept their certificate.
Controversy in the U.S. Some groups and individuals believe that the requirement to obtain a marriage license is unnecessary or immoral. The
Libertarian Party, for instance, believes that marriage should be a matter of personal liberty, not requiring permission from the state. Individuals who align with this libertarian stance argue that marriage is a
right, and that by allowing the state to exercise control over marriage, it falsely presupposes that we merely have the
privilege, not the right, to marry. As an example of a right (as opposed to a privilege), those that are born in the US receive a
birth certificate (certifying that they
have been born), not a birth
license (which would give them license so they
could be born). Some
Christian groups also argue that a marriage is a contract between a man and a woman presided over by God, so no authorization from the state is required. Some US states have started citing the state specifically as a party in the marriage contract which is seen by some as an infringement. Marriage licenses have also been the subject of controversy for affected
minority groups. California's
Proposition 8 has been the subject of heavy criticism by advocates of
same-sex marriage, including the lesbian, gay, bisexual, and transgender (
LGBT) community whose ability to marry is often limited by the aforementioned state intervention. This changed on June 26, 2015, with the Supreme Court decision in
Obergefell v. Hodges. However, the state and federal intervention still continues to limit the ability of members of other minority religious groups from marrying according to the dictates of their religious tenets, as is the case with Islamic
polygamy, for example. Polyamorous and polyandrous marriages are, likewise, still prohibited. In October 2009,
Keith Bardwell, a
Louisiana justice of the peace, refused to issue a marriage license to an interracial couple, prompting civil liberties groups, such as the
NAACP and
ACLU, to call for his resignation or firing. Bardwell resigned his office on November 3. In the state of
Pennsylvania,
self-uniting marriage licenses are available which require only the signatures of the bride and groom and witnesses. Although this is an accommodation for a
Quaker wedding, any couple is able to apply for it. == The Netherlands==