{"id":8066,"date":"2016-04-28T11:38:30","date_gmt":"2016-04-28T11:38:30","guid":{"rendered":"http:\/\/www.marriage.com\/advice\/?p=8066"},"modified":"2023-01-30T12:25:55","modified_gmt":"2023-01-30T12:25:55","slug":"unlocking-the-past-marriage-license-history","status":"publish","type":"post","link":"https:\/\/www.marriage.com\/advice\/license\/unlocking-the-past-marriage-license-history\/","title":{"rendered":"Unlocking the Past: Marriage License History"},"content":{"rendered":"\n<p><img decoding=\"async\" loading=\"lazy\" class=\"aligncenter wp-image-8067 size-full\" title=\"History of marriage license\" src=\"http:\/\/image.marriage.com\/advice\/wp-content\/uploads\/2016\/04\/165.jpg\" alt=\"History of marriage license\" width=\"804\" height=\"350\"><\/p>\n<p><span style=\"font-weight: 400;\">Despite their common use today, the good old marriage license was not always grafted to the tapestry of civilized society. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">There are many questions that one wonders about the <span data-sheets-userformat='{\"2\":15105,\"3\":{\"1\":0},\"11\":3,\"12\":0,\"14\":[null,2,0],\"15\":\"Calibri\",\"16\":11}' data-sheets-value='{\"1\":2,\"2\":\"origin of marriage license\"}'>origin of the marriage license.&nbsp;&nbsp;<\/span><\/span><\/p>\n<p><span style=\"font-weight: 400;\"><span data-sheets-userformat='{\"2\":15105,\"3\":{\"1\":0},\"11\":3,\"12\":0,\"14\":[null,2,0],\"15\":\"Calibri\",\"16\":11}' data-sheets-value='{\"1\":2,\"2\":\"origin of marriage license\"}'>What is the marriage license history? When was the marriage license invented?&nbsp;<\/span>When were marriage licenses first issued? <span data-sheets-userformat='{\"2\":15105,\"3\":{\"1\":0},\"11\":3,\"12\":0,\"14\":[null,2,0],\"15\":\"Calibri\",\"16\":11}' data-sheets-value='{\"1\":2,\"2\":\"What is the purpose of a marriage license?\"}'><a href=\"https:\/\/www.marriage.com\/advice\/license\/the-importance-of-a-marriage-license\/\">What is the purpose of a marriage license<\/a>? Why are marriage licenses required? When did states start issuing marriage licenses? And&nbsp;who issues marriage licenses?<\/span><\/span><\/p>\n<p><span style=\"font-weight: 400;\"><span data-sheets-userformat='{\"2\":15105,\"3\":{\"1\":0},\"11\":3,\"12\":0,\"14\":[null,2,0],\"15\":\"Calibri\",\"16\":11}' data-sheets-value='{\"1\":2,\"2\":\"What is the history of marriage?\"}'>Essentially, <strong>what is the marriage license history in America?<\/strong>&nbsp;<\/span>We are glad you asked.<\/span><\/p>\n<p><strong>Also watch: How to get a Marriage certificate<\/strong><\/p>\n<p><iframe loading=\"lazy\" src=\"https:\/\/www.youtube.com\/embed\/SCb3Dslh4HY\" width=\"560\" height=\"315\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/p>\n<h2><span class=\"ez-toc-section\" id=\"Marriage-laws-and-marriage-license-history\"><\/span>Marriage laws and marriage license history<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p><span style=\"font-weight: 400;\"><a href=\"https:\/\/en.wikipedia.org\/wiki\/Marriage_license\" rel=\"nofollow\" target=\"_blank\">Marriage licenses<\/a> were absolutely unknown prior to the arrival of the Middle Ages. But&nbsp;<span data-sheets-userformat='{\"2\":15105,\"3\":{\"1\":0},\"11\":3,\"12\":0,\"14\":[null,2,0],\"15\":\"Calibri\",\"16\":11}' data-sheets-value='{\"1\":2,\"2\":\"when was the first marriage license issued\"}'>when was the first marriage license issued?<\/span><\/span><\/p>\n<p><span style=\"font-weight: 400;\">In what we would refer to as England, the <span data-sheets-userformat='{\"2\":15105,\"3\":{\"1\":0},\"11\":3,\"12\":0,\"14\":[null,2,0],\"15\":\"Calibri\",\"16\":11}' data-sheets-value='{\"1\":2,\"2\":\"first marriage license\"}'>first marriage license<\/span> was introduced by the church by 1100 C.E. England, a huge proponent of organizing the information obtained by the issuance of the marriage license, exported the practice to the western territories by 1600 C.E. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">The idea of a <strong>marriage license took firm roots in the Americas of the colonial period.<\/strong> Today, the process of submitting an application for a marriage license is accepted practice throughout the world. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">In some places, most notably the United States, state-sanctioned marriage licenses continue to garner scrutiny in communities that believe the church should have the first and only say on such matters.<\/span><\/p>\n<h2><span class=\"ez-toc-section\" id=\"Early-marriage-contracts\"><\/span>Early marriage contracts<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p><span style=\"font-weight: 400;\">In the earliest days of the broad issuance of marriage licenses, <span data-sheets-userformat='{\"2\":15105,\"3\":{\"1\":0},\"11\":3,\"12\":0,\"14\":[null,2,0],\"15\":\"Calibri\",\"16\":11}' data-sheets-value='{\"1\":2,\"2\":\"old marriage license\"}'>old marriage license<\/span>s represented a sort of business transaction. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">As marriages were private affairs commenced between members of two families, the licenses were seen as contractual. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">In a patristic world, the bride may not have even known that the &ldquo;contract&rdquo; was guiding the exchange of goods, services, and cash holdings between two families. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Indeed, the end of the marriage union was not only to ensure the prospect of procreation, but also forged social, financial, and political alliances. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Further, in the state-run organization widely known as the Church of England, priests, bishops, and other clergy had a substantial say in authorizing a marriage. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Eventually, the church&rsquo;s influence was tempered by the creation of secular laws regarding marriage licensing. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">While creating a substantial revenue stream for the state, <strong>the licenses also helped municipalities craft accurate census data.<\/strong> Today, marriage records are among the vital statistics held by developed nations.<\/span><\/p>\n<h2><span class=\"ez-toc-section\" id=\"The-arrival-of-the-Publication-of-Banns\"><\/span>The arrival of the Publication of Banns<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p><span style=\"font-weight: 400;\">As the Church of England expanded and solidified its power throughout the country and its robust colonies in America, colony churches adopted the license policies held by the churches and judicatories back in England. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">In both state and church contexts, a &ldquo;Publication of <a href=\"https:\/\/en.wikipedia.org\/wiki\/Banns_of_marriage\" rel=\"nofollow\" target=\"_blank\">Banns<\/a>&rdquo; served as a formal writ of marriage. The Publication of Banns was a cheap alternative to the considerably more expensive marriage license. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Indeed, the State Library of Virginia has documents that describe banns as a widely disseminated public notice. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Banns were shared orally at the town center or published in town publications for three consecutive weeks after the formal nuptials had been completed.<\/span><\/p>\n<p><img decoding=\"async\" loading=\"lazy\" class=\"alignnone size-full wp-image-2956\" src=\"https:\/\/www.marriage.com\/advice\/wp-content\/uploads\/2015\/08\/how-do-you-get-a-marriage-license.jpg\" alt=\"history of marriage license in america\" width=\"804\" height=\"350\"><\/p>\n<h2><span class=\"ez-toc-section\" id=\"The-face-of-racism-in-the-American-South\"><\/span>The face of racism in the American South<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p><span style=\"font-weight: 400;\">It is widely reported that in 1741 the colony of North Carolina took judicial control over marriages. At the time, the primary concern was interracial marriages. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">North Carolina sought to prohibit interracial marriages by issuing marriage licenses to those deemed acceptable for marriage. <\/span><\/p>\n<p><span style=\"font-weight: 400;\"><strong>By the 1920s, more than 38 states in the US had crafted similar policies<\/strong> and laws to promote and maintain racial purity. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Up the hill in the state of Virginia, the state&rsquo;s <a href=\"https:\/\/encyclopediavirginia.org\/entries\/racial-integrity-laws-1924-1930\/\" rel=\"nofollow\" target=\"_blank\">Racial Integrity Act<\/a> (RIA) &ndash; passed in 1924 made it absolutely illegal for partners from two races to marry. <\/span><span style=\"font-weight: 400;\">Amazingly, the RIA was on the books in Virginia Law until 1967. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Amid an era of sweeping racial reform, the U.S. Supreme Court declared that the state of Virginia&rsquo;s prohibition on interracial marriage was absolutely unconstitutional.<\/span><\/p>\n<h2><span class=\"ez-toc-section\" id=\"The-rise-of-State-Authoritarian-Control\"><\/span>The rise of State Authoritarian Control<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Prior to the 18<\/span><span style=\"font-weight: 400;\">th<\/span><span style=\"font-weight: 400;\"> Century, marriages in the United States remained the primary responsibility of local churches. After a church-issued marriage license was signed by an officiant, it was registered with the state. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">By the late 19th century, the various states started to nix common-law marriages. Finally, the states decided to exert considerable control over who would be allowed to marry within the state&rsquo;s borders. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">As stated earlier, <strong>the government sought control of marriage licenses<\/strong> to compile vital statistics information. Further, the issuance of the licenses provided a consistent revenue stream.<\/span><\/p>\n<h2><span class=\"ez-toc-section\" id=\"Homosexual-marriages\"><\/span>Homosexual marriages<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Since June 2016, the United States has authorized <a href=\"https:\/\/www.marriage.com\/advice\/same-sex-marriage\/facts-about-same-sex-marriage\/\">same-sex unions<\/a>. This is the brave new world of marriage license issuance. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Indeed, same-gender partners can walk into any country courthouse and receive a license to have their <a href=\"https:\/\/www.marriage.com\/advice\/relationship\/\">union recognized by the states<\/a>. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">While the Supreme Court&rsquo;s ruling on this issue remains an area of contention with churches, it is the understood law of the land.<\/span><\/p>\n<h2><span class=\"ez-toc-section\" id=\"A-word-about-the-license-rebellion\"><\/span>A word about the license rebellion<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p><span style=\"font-weight: 400;\">During the 1960s, many partners railed against governments by flatly rejecting the idea of a marriage license. Instead of obtaining licenses, these couples simply cohabitated. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Rejecting the idea that &ldquo;a piece of paper&rdquo; defined the properness of a relationship, couples just continued to cohabitate and procreate without a binding document between them. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Even in today&rsquo;s context, a host of fundamentalist Christians allow their followers the right to marry without a state-issued license in hand. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">One particular gentleman, a minister, named Matt Trewhella, will not allow parishioners of Mercy Seat Christian Church in Wauwatosa, Wisconsin, to marry if they present a license.<\/span><\/p>\n<p><b>Final thoughts<\/b><\/p>\n<p><span style=\"font-weight: 400;\">While there has been an ebb and flow feeling to marriage licenses over the years, it is clear that the documents are here to stay. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">No longer associated with the exchange of goods and services between families, the license does have an impact on the economics after the end of a marriage. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">In most states, <strong>individuals married with the authority of a license must equally share the assets<\/strong> obtained through the course of the marriage should they choose to end the union. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">The premise is this: Income and property obtained during a marriage should be shared equitably between the parties who chose to &ldquo;become one flesh&rdquo; at the beginning of the blessed union. It makes sense, don&rsquo;t you think?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Be thankful for marriage licenses, friends. They offer legitimacy to the union in case there happen to be legal issues along the way. Also, the licenses help the states take a good account of their people and their situations in life.<\/span><\/p>\n","protected":false,"raw":""},"excerpt":{"rendered":"<p>Despite their common use today, the good old marriage license was not always grafted to the tapestry of civilized society. There are many questions that one wonders about the origin of the marriage license.&nbsp;&nbsp; What is the marriage license history? When was the marriage license invented?&nbsp;When were marriage licenses first issued? What is the purpose of a marriage license? Why are marriage licenses required? When did states start issuing marriage licenses? And&nbsp;who issues marriage licenses? Essentially, what is the marriage license history in America?&nbsp;We are glad you asked. Also watch: How to get a Marriage certificate Marriage laws and marriage <\/p>\n","protected":false},"author":1419,"featured_media":8067,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[30],"tags":[],"_links":{"self":[{"href":"https:\/\/www.marriage.com\/advice\/wp-json\/wp\/v2\/posts\/8066"}],"collection":[{"href":"https:\/\/www.marriage.com\/advice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.marriage.com\/advice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.marriage.com\/advice\/wp-json\/wp\/v2\/users\/1419"}],"replies":[{"embeddable":true,"href":"https:\/\/www.marriage.com\/advice\/wp-json\/wp\/v2\/comments?post=8066"}],"version-history":[{"count":8,"href":"https:\/\/www.marriage.com\/advice\/wp-json\/wp\/v2\/posts\/8066\/revisions"}],"predecessor-version":[{"id":62412,"href":"https:\/\/www.marriage.com\/advice\/wp-json\/wp\/v2\/posts\/8066\/revisions\/62412"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.marriage.com\/advice\/wp-json\/wp\/v2\/media\/8067"}],"wp:attachment":[{"href":"https:\/\/www.marriage.com\/advice\/wp-json\/wp\/v2\/media?parent=8066"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.marriage.com\/advice\/wp-json\/wp\/v2\/categories?post=8066"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.marriage.com\/advice\/wp-json\/wp\/v2\/tags?post=8066"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}