Register of Deeds School: What is Marriage?
Sent my supervisory staff to the Register of Deeds School over the past two days in Chapel Hill. The School gives employees of Deed's office an overview of general statutes, etc., related to our work.
Today I discovered something missing from the NC General Statutes....a definition of marriage.
NC law can tell you WHO can get married (man and woman) and no same gender marriage (Defense of Marriage Act); NC law can tell you the AGE a person has to be and what restrictions for minors; Neither can ALREADY BE MARRIED; and (I like this!) no closer than 1st cousins...meaning 1st cousins can get married.
Anyway, for the sake of marriage licenses, a sufficient marriage is created by: the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other AND....1. In the presence of a minister (ordained or authorized by a church) or a magistrate, who then declares the persons are husband and wife; or 2. in accordance with any mode of solemnization recognized by an religious denomination or federally-or-state recognized Indian Nation or Tribe.
But, again, what is MARRIAGE? In the above paragraph, you'd think a clear definition of marriage would get defined in there. But look a little closer. For example, what if you are a "minister" "ordained" at a "church" like the Universal Life Church. And Motto: "ALL YOU NEED TO DO IS ASK!" What constitutes a "religious denomination" that is acceptable or not? Would that really be a marriage?
Just a couple of things to think about....
Today I discovered something missing from the NC General Statutes....a definition of marriage.
NC law can tell you WHO can get married (man and woman) and no same gender marriage (Defense of Marriage Act); NC law can tell you the AGE a person has to be and what restrictions for minors; Neither can ALREADY BE MARRIED; and (I like this!) no closer than 1st cousins...meaning 1st cousins can get married.
Anyway, for the sake of marriage licenses, a sufficient marriage is created by: the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other AND....1. In the presence of a minister (ordained or authorized by a church) or a magistrate, who then declares the persons are husband and wife; or 2. in accordance with any mode of solemnization recognized by an religious denomination or federally-or-state recognized Indian Nation or Tribe.
But, again, what is MARRIAGE? In the above paragraph, you'd think a clear definition of marriage would get defined in there. But look a little closer. For example, what if you are a "minister" "ordained" at a "church" like the Universal Life Church. And Motto: "ALL YOU NEED TO DO IS ASK!" What constitutes a "religious denomination" that is acceptable or not? Would that really be a marriage?
Just a couple of things to think about....
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