However, for all other familial relationships, the states vary widely and the particular laws of the state of marriage must be consulted. According to the "rules of consanguinity," no state allows marriage to a child, grandchild, parent, grandparent, uncle, aunt, niece, or nephew. The laws of each state strictly regulate the marriage between relatives (also known as consanguinity). Physical incapacity, and in particular the physical inability to have sexual intercourse, does not in and of itself render one incapable of marrying and does not on its face void a marriage that has already occurred. A common test of capacity is the ability of individuals to understand the nature of marriage and what their responsibilities are to their partners once they enter into the union. Not all forms of mental illness and insanity serve to render someone incapable of entering into a marriage. Both parties must be of "sound" mind and capable of agreeing to the marriage. CapacityĬapacity generally refers to the mental ability of one or both of the parties to the marriage to agree to become husband and wife. However, for the majority of states, this age is sixteen though in a very few states, this age is as low as fourteen. The states vary in determining the minimum age at which a couple can marry with parental consent. For all but two states this " age of consent" is eighteen (in Mississippi the age is twenty-one and in Nebraska the age is nineteen). All states prescribe the age which must be reached by both parties to the marriage for the couple to be able to legally agree to become husband and wife without parental permission. AgeĪge is an additional aspect of consent to marry. Once consent is determined to exist, the laws of the individual states determine the status of the couple as husband and wife. In addition, no force must be used upon either party to enter into the union. For consent to exist, both parties must agree to the marriage and there must be no mistake as to the nature of the union. Consentīefore a marital union is recognized by a state, there must, foremost, be consent-or agreement-between the parties of the union to be married. The Congress of the United States has also enacted limitations to the marital union, the most recent being the enactment of DOMA, which not only defines marriage but also gives individual states the right not to recognize "a relationship between persons of the same sex that is treated as a marriage under the laws of such other State." In other words, such laws from one state do not have to be recognized by another state.īecause the laws regarding marriage vary considerably from state to state, couples desiring more spe-cific information should contact their state government. Although the states have the authority to regulate the institution of marriage and establish the laws that do so, some laws, such as those forbidding people of different races to marry, have been struck down by the Supreme Court of the United States as unconstitutional. The fact that the states can regulate marriage has given rise to laws that control other aspects of the ability of a couple to wed including the race of the each party in the couple, the sex of each party, and whether either party is already married. Regarding age, if individuals are minors, they must obtain the consent of either one or both of their parents, depending upon the laws of the state. These additional considerations include the capacity of the parties to enter into the marriage, the consent of the parties, and the age of each person. Yet, there are certain aspects of a valid marriage that are required of any couple desiring to become husband and wife. Marriage requirements are defined by the laws of each state. In 2004, Massachusetts passed legislation recognizing same-sex marriage several states have varying degrees of spousal rights for same-sex couples.
Judicial consent for minors seeking marriage full#
Congress, in the Defense of Marriage Act (DOMA), Public Law 104-199, passed in 1996, defines marriage as "a legal union between one man and one woman as husband and wife." The status of DOMA has been challenged by proponents of same-sex marriage, who believe among other things that only legal marriage can guarantee full spousal rights such as inheritance, health care decisions, and parental rights. Marriage has generally been defined as a contract between a man and a woman who have consented to become husband and wife.
State by State Summary ( age of consent, etc.)