Should Christians Get a Marriage License?

Don't Marry the State!

By David J. Stewart

       Biblically, Christians don’t need the government’s approval to get married.  There is no end to the ridiculous amount of licensing required by the government.  God never intended for a man to be ticketed for going fishing without a license.  That is just plain wrong.  Not only do they ticket you, they confiscate all your fishing equipment.  It is now a law in New York that all dog owners must first obtain a license.  Jesus never intended for the Church to be a licensed business by the State!  Where does this infringement of freedom come to an end?  Will America’s parents soon be required to obtain a permit before having a baby?  America is NOT “The Land of the Free” as so many citizens think (Ask this father). 

Marriage licensing is wrong!  It is sad that most Christians just “go along” with whatever the government requires of them, whether it is right or wrong.  There is NO Biblical obligation for Christians to submit to tyranny.  Will you unquestioningly get on the next train to Auschwitz, as did the Jews?  At what point is it right for Christians to say, “No, I refuse to go along with that!”? 

A license does not record the marriage itself, only the permission granted for a marriage to take place.  So why do we need permission from the State to get married?  Since 1837, the proof of a marriage has been by a marriage certificate, issued at the ceremony; before then, it was by the recording of the marriage in a church register.  Requiring a couple to obtain a marriage license is unnecessary.  Marriage is a commitment between two people and God, so that no authorization from the state ought to be required.  George Washington was married without a marriage license.  So, how did we come to the time in America where marriage licenses became mandatory to get married?
 

Don’t Marry the State!

By obtaining a marriage license, you are entering into a business partnership with the state.  I knew an elderly man who’s wife needed to go into a state nursing home for medical reasons.  She was under nursing home care for several years.  When she died, the state came after the husband’s home and everything he owned, seeking reimbursement.  The sad fact is that the state PUNISHES married couples for being married.  As a consequence, the man was unable to leave an inheritance to his children, because the state took everything.  Lest you think that is fair, consider that when the states were awarded a half-trillion dollars in damages from the tobacco companies, not one penny was reimbursed to taxpayers. 

A book could be written concerning the reasons why getting a marriage license is a risky thing to do.  The state wants to get it’s claws into your estate and assets.  By obtaining a marriage license, you are voluntarily making the government a business partner in your marriage, and the State may seize your home that you worked a lifetime to pay for.
 

Here’s a disturbing quote from the Ohio Bar Association defining Ohio’s Marriage Laws…

“When you repeat your marriage vows, you enter into a legal contract. There are three parties to that legal contract: 1) you; 2) your spouse; and 3) the state of Ohio. The state is a party to the contract because under its laws, you have certain obligations and responsibilities to each other, to any children you may have, and to Ohio.”

SOURCE: http://www.ohiobar.org/pub/lawfacts/index.asp?articleid=14

That is scary my friend.  So if you’re dumb enough, or ignorant enough, to obtain a marriage license in the State of Ohio, then you are LEGALLY OBLIGATED to your wife, children, and THE STATE OF OHIO!!!  Certainly, a good man has no problem providing for his wife and children; however, the law will crucify you without mercy with that “Marriage License” you obtained if your wife drags you into divorce court one day.  You will be at the mercy of the State of Ohio. 

I am not condoning "shacking up" without being married; BUT I am saying that you don't want the State as a partner.  You're marrying your wife; not the State.  The State of Ohio thinks differently.  Every married person in Ohio who obtained a marriage license (i.e., permission from the State to get married) is in bed with the State.  The State has no business being a business partner in anyone's marriage. 

The following is a well-written pamphlet by Pastor Matt Trewhella…

5 Reasons Why Christians Should Not Obtain a State Marriage License

By Pastor Matt Trewhella

Every year thousands of 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 their pastor has told them to go get one, and besides, "everybody else gets one." This pamphlet attempts to answer the question - why should we not 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."  We need to ask ourselves- why should it be illegal to marry without the State’s permission? More importantly, why should we need the State’s permission to participate in something which 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.

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 which declares this to be true.

In 1993, parents were upset here in Wisconsin because a test was being administered to their children in the government schools which 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.

3. When you marry with a marriage license, you place yourself under a body of law which is immoral. By obtaining a marriage license, you place yourself under the jurisdiction of Family Court which is governed by unbiblical and 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.

As a minister, I cannot in good conscience perform a marriage which would place people under this immoral body of laws. I also cannot marry someone with a marriage license because to do so I have to act as an agent of the State!  I would have to sign the marriage license, and I would have to mail it into the State. Given the State’s demand to usurp the place of God and family regarding marriage, and given it’s unbiblical, immoral laws to govern marriage, it would be an act of treason for me to do so.

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 (Deuteronomy 22:16; Exodus 22:17; 1st Corinthians 7:38). We have a vestige of this in our culture today in that the father takes his daughter to the front of the altar 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 godly government displayed in that the State recognized the parent’s authority by demanding that the parent’s 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 parent’s permission, you need our permission." If parents are opposed to their child’s marrying a certain person and refuse to give their permission, the child can do an end run around the parent’s authority by obtaining the State’s permission, and marry anyway. This is an invasion and removal of God-given parental authority by the State.

5. When you marry with a marriage license, you are like 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.

The most blatant declaration of this fact that I have ever found is 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 and 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 like a polygamist! You are not just making a vow to your spouse, but you are making a vow to the State and your spouse.  You are also giving undue jurisdiction to the State.

When Does the State Have Jurisdiction Over a Marriage?

God intended the State to have jurisdiction over a marriage for two reasons - 1). in the case of divorce, and 2). when crimes are committed i.e., adultery, bigamy, etc. Unfortunately, the State now allows divorce for any reason, and it does not prosecute for adultery.

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. This is why you have a best man and a maid of honor.  They should sign the marriage certificate in your family Bible, and the wedding day guest book should be kept.

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 only has jurisdiction in the cases of divorce or crime.

History of Marriage Licenses in America

George Washington 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 in America 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 have been illegal.

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 will take a 100 miles (or as one elderly woman once said to me "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.

What Should We Do?

Christian couples should not be marrying with State marriage licenses, nor should ministers be marrying people with State marriage licenses. Some have said to me, "If someone is married without a marriage license, then they aren’t really married." Given the fact that states may soon legalize 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 people are not really married unless they obtain a marriage license simply reveals how Statist we are in our thinking. We need to think biblically.  (As for homosexuals marrying, outlaw sodomy as God's law demands, and there will be no threat of sodomites marrying.)

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.

When I marry a couple, I always buy them a Family Bible which contains birth and death records, and a marriage certificate. We record the marriage in the Family Bible. What’s recorded in a Family Bible will stand up as legal evidence in any court of law in America. Early Americans were married without a marriage license. They simply recorded their marriages in their Family Bibles. So should we.

(Pastor Trewhella has been marrying couples without marriage licenses for ten years. Many other pastors also refuse to marry couples with State marriage licenses.)

This pamphlet is not comprehensive in scope.  Rather, the purpose of this pamphlet is to make you think and give you a starting point to do further study of your own. If you would like an audio sermon regarding this matter, just send a gift of at least five dollars in cash to: Mercy Seat Christian Church 10240 W. National Ave. PMB #129 Milwaukee, Wisconsin 53227.

SOURCE: http://www.mercyseat.net/BROCHURES/marriagelicense.htm

Again, consider this disturbing quote from the Ohio Bar Association defining Ohio’s Marriage Laws…

“When you repeat your marriage vows, you enter into a legal contract. There are three parties to that legal contract: 1) you; 2) your spouse; and 3) the state of Ohio. The state is a party to the contract because under its laws, you have certain obligations and responsibilities to each other, to any children you may have, and to Ohio.”

SOURCE: http://www.ohiobar.org/pub/lawfacts/index.asp?articleid=14

The painting to the right is of John the Baptist's head, which Herod ordered removed.  There are some things in life worse than death, and being dragged through divorce court by a rebellious and angry wife is one of them. 

Please read the following article because it hits-the-nail-on-the-head.  Please understand that the author is NOT advocating avoiding marriage; rather, he is simply warning the reader about the dangers of getting a marriage license. 

Stay single, young man!

By Vox Day
© 2008 WorldNetDaily.com | April 11, 2005

Marriage, as conceived by God, is a good and fruitful thing.
Marriage, as conceived by the state, is an evil man-trap designed to deprive men of their property and their children.

For as the Ohio State Bar Association helpfully explains, the marriage license is:

... 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.

This contract grants the third party jurisdiction over all the property owned by the first two, as well as anything produced by the other parties, including children. And it is this marriage license which gives the state legal power to dictate who gets what in the case of a divorce.

The explosion of divorce in the latter half of the 20th century and the commonplace abuse of men in the family "courts" (which are actually fraudulent executive-branch entities that operate in total violation of the constitutional law's separation of powers) is bad enough. But since feminists have discovered how the power of government can be used to forcibly transform civil society to their liking, they have been emboldened to make even more creative use of the state's power over marriage.

In Spain, for example, a law is being passed to force men to do more housework. Since the vast majority of Spanish men – 81 percent – are traditionalists who believe that women with school-age children should stay at home and not work full-time jobs, Spanish feminists are waging war against them through the national legislature.

As the law's sponsor, Margarita Uria, helpfully explains:

The idea of equality within marriage always stumbles over the problem of work in the house and caring for dependent people. This will be a good way of reminding people what their duties are. It is something feminists have been wanting for a long time.

No doubt they have. Because, according to Marian Salzman, described by the U.K. Observer as a "trend-spotter extraordinaire," women are "rejecting equality in the workplace and prefer the idea of becoming full-time housewives – but not ones who actually do housework ... women are happy to abandon the workplace, but not if it means spending all day at home cooking, cleaning and looking after children. Instead, they want to play the "role" of housewife with a little help from, for instance, a nanny, and someone who does the ironing."

Her warning should sober even the most infatuated man. "Women think: 'What's mine is mine, and what's his is mine.'"

Since the U.S. Supreme Court now sees fit to take international law into account when deciding what is and is not constitutional, it can only be a matter of time before a woman's right to force her husband to do the ironing or breast-feed the baby is discovered in an emanation or a penumbra. After all, someone has to do the housework when mommy is busy sitting on a corporate board, which she'll be doing as soon as the Norwegian concept of sex-based affirmative action for company directors crosses the Atlantic.

Young men are already responding to the increasingly odious burden of marriage by delaying it or avoiding it altogether, but for the most part, they are doing so without conscious design. It is time for men to become aware that as the more economically productive class, they are the natural prey of the government and its family-control machinery. The courts have already demonstrated that a man – any man – will do for their purposes when child support is required, even if that man can be proved to have no relationship to the child.

For non-Christian men, the answer is easy: Avoid marriage at all costs. Marriage only weakens your legal and emotional positions vis-a-vis a woman, and since American women will freely provide companionship, sex and children upon request, to marry is to give up a great deal for what is literally less than nothing.

A Christian man, on other hand, cannot freely engage in non-committal sexual relationships, and so must marry. He can improve his odds, however, by marrying a Christian woman who is not on the career track. This will significantly increase the chances that he will not find himself at the legal mercy of a sociopath obsessed with momentary happiness ?ber alles, but blessed by a traditional wife committed to building a family and a life together with him instead.

But is it possible for a Christian couple to avoid the state's machinery of control and still marry before God? Yes, according to pastor Matt Trewhella. "What's recorded in a family Bible will stand up as legal evidence in any court of law in America. Early Americans were married without a marriage license. They simply recorded their marriages in their family Bibles. So should we."

SOURCE: http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=43732

Again, I am not condoning "shacking up" or living in fornication; but something is VERY WRONG with the State becoming a partner in one's marriage.  This is immoral and Communist!  Obtaining a marriage license voluntarily places your children under State control, and makes you (the father) legally obligated TO THE STATE. This is certainly not freedom.


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