Quezi

Photo taken in the Maldive Islands by Sharaff. CC-BY.

Laws about marriage have long been a state concern, not a federal one, in the United States. As a result, marriage laws vary considerably from state to state. In nearly all cases, however, a marriage performed in one state is recognized in all other states and by the federal government.

Here are some of the ways in which marriage laws vary:

Age: Nearly all states have a minimum marriage age of 18 without parental consent. In Mississippi, however, boys can marry without parental consent at age 17 and girls at age 15. Most states allow marriage at age 16 with consent of parents and/or a judge. In Massachusetts, however, permission can be granted for boys as young as 14 and girls as young as 12 to marry; in Mississippi, there is no specified minimum age.

Sex: In most states, marriage is between a man and a woman only. As of this writing, four states — Iowa, Massachusetts, Connecticut and Vermont — allow same-sex marriages. Under federal law, the Defense of Marriage Act, states are not required to recognize same-sex marriages performed in other jurisdictions, although the District of Columbia recognizes same-sex marriage performed in other jurisdictions.

Common-law marriage: In most states, a marriage license is required in order to have a marriage legally recognized. Nine states, however, authorize common-law marriages. In a common-law marriage, couples basically declare themselves to be married and live as if they are; mere cohabitation is insufficient for a common-law marriage to be created. In these states, a common-law marriage has all the rights and responsibilities of a licensed marriage, and it cannot be dissolved except by going through the regular legal channels.

Cousins: Almost half the states allow first cousins to marry. It is prohibited in the other states, although a few allow marriage by first cousins if they are beyond child-bearing age or if the couples are cousins by adoption and not blood.

Medical tests: Eighteen states require a medical exam (typically a blood test) prior to the granting of a marriage license, typically to indicate the presence or absence of venereal diseases. In some jurisdictions the requirement is routinely waived. In Idaho, couples must indicate that they have received and read information about AIDS.

Marriage by proxy: Four states — California, Colorado, Texas and Montana — allow marriage by proxy, meaning that one of the parties doesn’t have to be present for the marriage ceremony. Generally this is done so members of the armed services serving abroad can enter into the marriage contract. Montana is unique in allowing a double-proxy marriage — neither bride nor groom need be present. Most of the double-proxy marriages take place in Flathead County, where one lawyer says he has facilitated more than 1,000 such marriages. At least one member of the couple must be either a Montana resident or a member of the U.S. armed forces.

Covenant marriage: Three states — Louisiana, Arizona and Arkansas — give couples the option of having a covenant marriage. In a covenant marriage, the couples must receive premarital counseling, and the grounds for divorce are strictly limited, making no-fault divorce not an option.

Waiting period: About half the states require a couple to wait after receiving the marriage license before the marriage can be made valid. The waiting period ranges from one to five days, although it can sometimes be waived.

License cost: As of this writing, the cost of a marriage license ranges from $18 to $80, depending on the state and sometimes the county.

Who can officiate: Most states authorize judges, justices of the peace and certain other public officials to perform marriages, as well as pastors or other authorized representatives of religious organizations. Contrary to popular belief, no state automatically grants marriage authority to ship captains. In Colorado and Pennsylvania, couples can obtain a license to marry without having someone officiate. In Massachusetts, anyone can request permission from the governor on a one-time basis to officiate a marriage.