Unlicensed Marriage in America

Author’s note: As young christians, we were taught the importance of “being in subjection to the governing authorities,” (Romans 13:1). Because of that, we took for granted that this “subjection” included any regulation that a government put into place that was not directly, immediately, and obviously against the Scriptures. Unfortunately, sometimes, the anti-Scriptural , even anti-God, nature of some government requirements are not readily obvious. The recent national debate over homosexual “marriage” makes this issue very timely and of great significance. This is not an easy issue to study and the conclusions are very hard to accept. Be warned.

Unlicensed Marriage:
Why Christians Should Not Obtain a State Marriage License

Most christian homes have one - sometimes, ironically, it is kept in the family Bible; sometimes in a safe-box. And every year thousands more christians amble down to their local county courthouse and obtain a marriage license from the State in order to marry their future spouse. They do this unquestioningly. They do it because "everybody else gets one," and because the elders and the preacher have that as part of the process of getting married, often even a checklist (formal or informal), that includes this as something to be done, like selecting a bridal dress or choosing songs for the wedding. This article answers a question that most christians never even thought about - why shouldn’t we go get one?

1. The definition of a "license" demands that we not obtain one to marry.

Black’s Law Dictionary defines "license" as, "The permission by competent authority to do an act which without such permission, would be illegal." Why should it be illegal to marry without the State’s permission? Why should we need the State’s permission to participate in something that God instituted (Gen. 2:18-24)? We should not need the State’s permission to marry nor should we grovel before state officials to seek it. What if you apply and the State says "no." You must understand that the authority to license implies the power to prohibit. A license by definition "confers a right" to do something. The State cannot grant the right to marry. It is a God-given right, stated clearly in the Bible, as we see in Mark 10:6-9. If the State is the one “joining” two people together, where does God fit in?

2. When you marry with a marriage license, you grant the State jurisdiction over your marriage.

When you marry with a marriage license, your marriage is a creature of the State. It is a corporation of the State! Therefore, they have jurisdiction over your marriage including the fruit of your marriage. What is the fruit of your marriage? Your children and every piece of property you own. There is plenty of case law in American jurisprudence that declares this to be true.
In 1993, parents were upset in Wisconsin because a test, being administered to their children in the government schools, was very invasive of the family’s privacy. When parents complained, they were shocked by the school bureaucrats who informed them that their children were required to take the test by law and that they would have to take the test because they (the government school) had jurisdiction over their children. When parents asked the bureaucrats what gave them jurisdiction, the bureaucrats answered, "your marriage license and their birth certificates." Judicially, and in increasing fashion, practically, your state marriage license has far-reaching implications. As far as law and the courts are concerned, it appears that there is little or no difference between a driver’s license, marriage license, articles of incorporation, or any other kind of license issued by the state. Just as a driver's license can be revoked at the dictate of the state (admittedly through a judicial process) so can the marriage license.

3. When you marry with a marriage license, you place yourself under a body of law that is immoral.

By obtaining a marriage license, you place yourself under the jurisdiction of a civil court, often called a “Family Court” or something similar, which is governed by unscriptural, immoral laws. Under these laws, you can divorce for any reason. Often, the courts side with the spouse who is in rebellion to God, and castigates the spouse who remains faithful by ordering him or her not to speak about the Bible or other matters of faith when present with the children.
There are many preachers of the Gospel who cannot in good conscience perform a marriage that would place people under this immoral body of laws. In addition to the reasons already discussed, they have looked at the traditional wording used by most states, which says something like “by the authority invested in me by the State of…” and have asked themselves, do they perform their duties as evangelists by the authority of the State, or by the authority of the Father? They therefore cannot marry someone with a marriage license because to do so they have to act as an agent of the State - literally! They have to sign the marriage license, and usually have to mail it into the State (either a State government office or county office). Given the State’s demand to usurp the place of God and family regarding marriage, and given its unbiblical, immoral laws to govern marriage, many have decided that it would be an act of idolatry to do so. (And this is assuming that evangelists (or elders or deacons) have any authority to marry people from God in the first place.)

4. The marriage license invades and removes God-given parental authority.

When you read the Bible, you see that God intended for children to have their father’s blessing regarding whom they married. Daughters were to be given in marriage by their fathers (Dt. 22:16; Ex. 22:17; I Cor. 7:3 . We have a vestige of this in our culture today in that the father takes his daughter to the front of the assembly and the minister asks, "Who gives this woman to be married to this man?"
Historically, there was no requirement to obtain a marriage license in colonial America. When you read the laws of the colonies and then the states, you see only two requirements for marriage. First, you had to obtain your parents’ permission to marry, and second, you had to post public notice of the marriage 5-15 days before the ceremony. Notice you had to obtain your parents’ permission. Back then you saw limited, godly government displayed in that the State recognized the parents’ authority by demanding that the parents’ permission be obtained. Today, the all-encompassing ungodly State demands that their permission be obtained to marry.
By issuing marriage licenses, the State is saying, "You don’t need your parents’ permission, you need our permission." If parents are opposed to their child’s marrying of a certain person and refuse to give their permission, the child can do an end run around the parents’ authority by obtaining the State’s permission, and marry anyway. This is an invasion and removal of God-given parental authority by the State, and not just permits, but encourages breaking of God’s will, as stated in Ephesians 6:1-3.

5. When you marry with a marriage license, you are literally a polygamist.

From the State’s point of view, when you marry with a marriage license, you are not just marrying your spouse, but you are also marrying the State. Though many may think this is a bizarre and outlandish claim, nevertheless, it is true.
The most blatant declaration of this fact is found in a brochure entitled "With This Ring I Thee Wed." It is found in county courthouses across Ohio where people go to obtain their marriage licenses. It is published by the Ohio State Bar Association. The opening paragraph under the subtitle "Marriage Vows" states, "Actually, when you repeat your marriage vows you enter into a legal contract. There are three parties to that contract. 1.You; 2. Your husband or wife, as the case may be; and 3. the State of Ohio."
See, the State knows, the lawyers know, that when you marry with a marriage license, you are not just marrying your spouse, you are marrying the State! You are a polygamist! You are not just making a vow to God and your spouse, but you are making a vow to the State, and you are giving undue jurisdiction to the State. It is reminiscent of that ancient evil, the “nocht primus” in which a nobleman on behalf of the king (the State) would spend the first night with the bride.

6. When you marry with a marriage license, you are adding to God’s word.

To understand the implications of the state marriage license, let us look at another part of God’s word. Just as God ordained marriage, He also commands baptism. Now, picture a land in which the government requires that we send a repentant, Christ-confessing believer down to the courthouse first, to pay a fee and get a license before that person could be baptized, and where that baptism could only be administered by someone authorized to do so by the government.
We would see a State law demanding that a permit or license be obtained by a person before they could be baptized as an unscriptural and completely unacceptable addition to the God-given plan of salvation, and in the United States, a clear violation of the constitutional prohibition on the free exercise of religion. The situation is virtually identical to that we presently have with marriage.

When Does the State Have Jurisdiction Over a Marriage?

There is no indication in Scripture that God intended the State to have jurisdiction over a marriage for any reason. Some would claim that it is the State that has jurisdiction only in limited circumstances, as 1) in the case of divorce, and 2) when crimes are committed i.e., adultery, bigamy. etc. In the past it might be argued that the State at least did enforce God’s commands in these matters. This might fit within the authority God gives the State in Romans 13:4: “an avenger who brings wrath upon the one who practices evil.” Unfortunately, the State now allows divorce for any reason (contrary to the Scriptures), increasingly marriage between two people of the same sex is permitted or recognized, it doesn’t prosecute for adultery, and serial bigamy is openly accepted: it has abdicated that God-given duty (if indeed it ever had it), and can no longer claim any authority over the marriage of christians.

Not only has the State violated God’s law, but it has violated its own law. It is clear that both the State and God consider marriage to be a contract; Scripture constantly points out the contractual aspects of the marriage bond. The United States Constitution (Article I, Section 10) expressly forbids any State to pass any “Law impairing the Obligation of Contracts.” Yet, that is exactly what “no-fault” divorce laws and the abolition of laws making adultery a crime have done: they have impaired the obligations taken on freely in the marriage contract: to cleave to one another until death, to honor the marriage bed. The State has refused to enforce contracts in accordance with its own law; therefore, it has abdicated even the slightest claim to be able to regulate how those contracts are made.

Even so, in either case, divorce or crime, a marriage license is not necessary for the courts to determine whether a marriage existed or not. What is needed are witnesses, and that is why witnesses should be recorded both on the marriage certificate itself and by keeping the wedding day guest book. Marriage was instituted by God, therefore it is a God-given right. According to Scripture, it is to be governed by the family, and the State has no jurisdiction.

History of Marriage Licenses in America

George Washington was married without a marriage license. Abraham Lincoln was married without a marriage license. So, how did we come to this place in America where marriage licenses are issued? Historically, all the states had laws outlawing the marriage of blacks and whites. In the mid-1800’s, certain states began allowing interracial marriages or miscegenation as long as those marrying received a license from the state. In other words they had to receive permission to do an act which without such permission would be illegal. (See definition of "license" at the beginning of the article.)

Blacks Law Dictionary points to this historical fact when it defines "marriage license" as, "A license or permission granted by public authority to persons who intend to intermarry." "Intermarry" is defined in Black’s Law Dictionary as, "Miscegenation; mixed or interracial marriages."

Give the State an inch and they’ll take a mile (or as one elderly woman once said "10,000 miles.") Not long after these licenses were issued, some states began requiring all people who marry to obtain a marriage license. In 1923, the Federal Government established the Uniform Marriage and Marriage License Act (they later established the Uniform Marriage and Divorce Act). By 1929, every state in the Union had adopted marriage license laws. As we can see from this history, the requirement for marriage licenses is actually a vestige of the institutional racism of the past in the United States, a racism which was itself a violation of God’s commands (Acts 10:34).

What Should We Do?

It is with reluctance and much prayer and study that we come to this conclusion. Christian couples should not be marrying with State marriage licenses, nor should ministers of the Gospel be marrying people with State marriage licenses. This is not easy: God did not promise ease in obeying Him.

Some have said, "If someone is married without a marriage license, then they aren’t really married." Given the fact that some states are already legalizing same-sex marriages, we need to ask ourselves, "If a man and a man marry with a State marriage license, and a man and woman marry without a State marriage license - who’s really married? Is it the two men with a marriage license, or the man and woman without a marriage license? In reality, this contention that one is not really married unless they obtain a marriage license just reveals how corrupted we have become in our thinking. We need to think biblically.

You should not have to obtain a license from the State to marry someone anymore than you should have to obtain a license from the State to be a parent (which some in academic and legislative circles are currently pushing to be made law), or to be a christian.

It was customary in times past to use a Family Bible that contains birth and death records, and a marriage certificate. Christians recorded the marriage in the Family Bible. What’s recorded in a Family Bible will stand up as a legally binding document in any court of law in America. Both George Washington and Abraham Lincoln were married without a marriage license. They simply recorded their marriage in their Family Bibles. So should we. The marriage vows can be verbal; a verbal contract is still legally and morally binding; written vows, in front of witnesses, provide for the covenant which God intended in marriage and which will be recognized even by non-christians.

If we are to follow the Lord, we must be willing to accept the consequences of obedience to His will, even if we must reject the traditions of our family and our culture, and laws that are contrary to His. As Peter and the other apostles stated so clearly to the leaders of their nation, “We must obey God rather than men.” (Acts 5:29) This is just as true today as in the First Century, and just as true in the United States of America as in Judea. As Jesus Himself said, in Matthew 6:24: “No man can serve two masters.” If we serve the State in marriage, we reject God in marriage.

Author’s Note:
This was a hard study for me, because years ago, I did just what this study led me to decide was wrong. Not only that, but if I had studied this issue when I should have (before marrying), I would have come to the same conclusion that I do today and deeply shocked my parents, my bride’s parents, and even the church. I think, but don’t know, if I could have persuaded my brother in the Lord who married us, to have done so without a “piece of paper” from the state, but it is clear now that even that was not a scriptural requirement: he merely served as yet another witness, in addition to the christian and non-christian witnesses we had present. It is hard to admit that something you did with pride, part of accepting responsibility and accomplishing something very good, turned out to be the wrong thing. Yet, I have been forced to do so.
Please study this issue openly and with as objective an attitude as possible, and then pray that you and all christians can have the courage of our convictions to serve the Lord.

Special thanks to Matt Trewhella and Albert Harty for much of the material and ideas in this article. However, I accept full responsibility for this article.