MARRIAGE IN THE UNITED STATES
Go
Same-sex marriage in the United StatesThe legal recognition of same-sex marriage in the United States expanded from one state in 2004 (Massachusetts) to all fifty states in 2015 through various court rulings, state legislation, and direct popular vote. States have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia. Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the 1970s. In 1972, the later overturned Baker v. Nelson saw the Supreme Court of the United States decline to become involved. The issue became prominent from around 1993, when the Supreme Court of Hawaii ruled in Baehr v. Lewin that it was unconstitutional under the Constitution of Hawaii for the state to abridge marriage on the basis of sex. That ruling led to federal and state actions to explicitly abridge marriage on the basis of sex in order to prevent the marriages of same-sex couples from being recognized by law, the most prominent of which was the 1996 federal Defense of Marriage Act (DOMA). In 2003, the Massachusetts Supreme Judicial Court ruled in Goodridge v. Department of Public Health that it was unconstitutional under the Constitution of Massachusetts for the state to abridge marriage on the basis of sex. From 2004 through to 2015, as the tide of public opinion continued to move towards support of same-sex marriage, various state court rulings, state legislation, direct popular votes (referendums and initiatives), and federal court rulings established same-sex marriage in thirty-six of the fifty states. The most prominent supporters of same-sex marriage are human rights and civil rights organizations, while the most prominent opponents are religious groups, though some religious organizations support marriage equality. The first two decades of the 21st century saw same-sex marriage receive support from prominent figures in the civil rights movement, including Coretta Scott King, John Lewis, Julian Bond, and Mildred Loving. In May 2012, the NAACP, the leading African-American civil rights organization, declared its support for same-sex marriage and stated that it is a civil right. In June 2013, the Supreme Court of the United States struck down DOMA for violating the Fifth Amendment to the United States Constitution in the landmark civil rights case of United States v. Windsor, leading to federal recognition of same-sex marriage, with federal benefits for married couples connected to either the state of residence or the state in which the marriage was solemnized. In June 2015, the Supreme Court ruled in the landmark civil rights case of Obergefell v. Hodges that the fundamental right of same-sex couples to marry on the same terms and conditions as opposite-sex couples, with all the accompanying rights and responsibilities, is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. On December 13, 2022, DOMA was repealed and replaced by the Respect for Marriage Act, which recognizes and protects same-sex and interracial marriages under federal law and in interstate relations. Gallup found that nationwide public support for same-sex marriage reached 50% in 2011, 60% in 2015, and 70% in 2021. A study of nationwide data from January 1999 to December 2015 revealed that the establishment of same-sex marriage is associated with a significant reduction in the rate of attempted suicide among teens, with the effect being concentrated among teens of a minority sexual orientation, resulting in approximately 134,000 fewer teens attempting suicide each year in the United States.
Marriage in the United StatesMarriage in the United States is a legal, social, and religious institution. The marriage age is set by each state and territory, either by statute or the common law applies. An individual may marry without parental consent or other authorization on reaching 18 years of age in all states except in Nebraska (where the general marriage age is 19) and Mississippi (where the general marriage age is 21.) In Puerto Rico the general marriage age is also 21. In all these jurisdictions, these are also the ages of majority. In Alabama, however, the age of majority is 19, while the general marriage age is 18. Most states also set a lower age at which underage persons are able to marry with parental or judicial consent. Marriage laws have changed considerably over time, including the removal of bans on interracial marriage and same-sex marriage. In 2009, there were 2,077,000 marriages, according to the U.S. Census Bureau. The median age for the first marriage has increased in recent years. The median age in the early 1970s was 23 for men and 21 for women; and it rose to 28 for men and 26 for women by 2009 and by 2017, it was 29.5 for men and 27.4 for women. Marriages vary considerably in terms of religion, socioeconomic status, age, commitment, and so forth. Reasons for marrying may include a desire to have children, love, or economic security. Marriage has been in some instances used for the sole purpose of gaining a green card and/or facilitating full citizenship; the Immigration Marriage Fraud Amendments of 1986 are among laws that are used to prevent their recognition for immigration purposes, and a marriage visa can be obtained in advance of entry of the non-national where there is a long-term, committed relationship demonstrable. In 2003, 184,741 immigrants were admitted as spouses of US citizens. Marriages can be terminated by annulment, divorce or death of a spouse. Divorce (known as dissolution of marriage in some states) laws vary by state, and address issues such as how the two spouses bifurcate their property, how children will be cared for, and support obligations of one spouse toward the other. Since the late 1960s, divorce has become more prevalent. Divorce rates in 2005 were four times the divorce rates in 1955, and a quarter of children less than 16 years old were raised by a stepparent. Divorce rates peaked in 1979, and had dropped by more than a third by the early 2020s. In 2009, it was found that marriages that end in divorce lasted for a median of 8 years. As a rough rule, marriage has more legal ramifications than other types of bonds between consenting adults. A civil union is "a formal union between two people of the same or of different genders which results in, but falls short of, marriage-like rights and obligations," according to one view. Domestic partnerships are a version of civil unions. Registration and recognition are functions of states, localities, or employers; such unions may be available to couples of the same sex and, sometimes, opposite sex. Cohabitation to a certain extent is an expectation of marriage, in which context it means living together, a term also applied to when two unmarried people live together and have an intimate or loving relationship.
Common-law marriage in the United StatesIn the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia along with some provisions of military law; plus two other states that recognize domestic common law marriage after the fact for limited purposes. The term common law marriage is often used colloquially or by the media to refer to cohabiting couples, regardless of any legal rights that these couples may or may not have, which can create public confusion both in regard to the term and in regard to the legal rights of unmarried partners.
Interracial marriage in the United StatesInterracial marriage has been legal throughout the United States since at least the 1967 U.S. Supreme Court (Warren Court) decision Loving v. Virginia (1967) that held that anti-miscegenation laws were unconstitutional via the 14th Amendment adopted in 1868. Chief Justice Earl Warren wrote in the court opinion that "the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State." Interracial marriages have been formally protected by federal statute through the Respect for Marriage Act since 2022. Historical opposition to interracial marriage was frequently based on religious principles. Many Southern evangelical Christians saw racial segregation, including in marriage, as something divinely instituted from God. They held that legal recognition of interracial couples would violate biblical teaching and hence their religious liberty. Roman Catholic theology, on the other hand, articulated strong opposition to any state-sanctioned segregation on the grounds that segregation violated human dignity. Since Loving, states have repealed their defunct bans, the last of which was Alabama in a 2000 referendum. Public approval of interracial marriage rose from 5% in the 1950s to 94% in 2021. The number of interracial marriages as a proportion of new marriages has increased from 3% in 1967 to 19% in 2019.
Cousin marriage law in the United StatesThe legal status of first cousin marriage varies considerably from one U.S. state to another, ranging from being legal in some states to being a criminal offense in others. It is illegal or largely illegal in 32 states and legal or largely legal in 18. However, even in the states where it is legal, the practice is not widespread. (See Incidence.)
Marriage age in the United StatesIn the United States, the minimum age at which a person can marry, with or without parental consent or other authorization, is set by each state and territory, either by statute or where the common law applies. The general marriage age (lacking authorization for an exception) is 18 years of age in all states except Nebraska, where the general marriage age is 19, and Mississippi, where the general marriage age is 21. The general marriage age is commonly the age of majority, though in Alabama the general marriage age is 18 while the age of majority is 19. In recent years, the trend has been to adjust the general marriage age downward and to raise the age for women to that of men. Until 1971, approximately 80% of states had a general marriage age of 18 for women, while for men the general marriage age was 21 in approximately 85% of states. When at least one of the marriage partners is under the general marriage age, the marriage is considered underage. Fifteen states completely ban underage marriage: Connecticut, Delaware, Massachusetts, Minnesota, New Jersey, New York, Pennsylvania, Vermont, Michigan, Rhode Island, Washington, Virginia, New Hampshire, Maine, and Oregon. The other states may require the underage partner to obtain either parental consent, judicial authorization, or both, or rely on "exceptional circumstances". The minimum underage marriage age, when all mitigating circumstances are taken into account, commonly ranges from 15 to 17. Six states do not allow a person over 21 to marry an underage person. As of April 2024, four US states do not set any minimum age for marriage. In many states, a minor's marriage automatically emancipates the minor, or increases their legal rights beyond allowing the minor to consent to certain medical treatments.
Child marriage in the United StatesChild marriage, defined by the United Nations as a marriage in which at least one party is under 18 years of age occurs legally in the United States. The U.S. is the only UN member state that has not yet ratified the Convention on the Rights of the Child. Its Committee on the Rights of the Child "reaffirms that the minimum age limit should be 18 years for marriage." Within the United States, each state and territory and the federal district set the marriage age in its jurisdiction. As of March 2024, in four states there is no statutory minimum age when all exemptions were taken into account. These states are California, Mississippi, New Mexico, and Oklahoma. As of June 2024, child marriage is legal in 36 states. 14 states have banned underage marriages, with no exception. The first one was Delaware in 2018. Then came New Jersey (2018), Pennsylvania (2020), Minnesota (2020), Rhode Island (2021), New York (2021), Massachusetts (2022), Vermont (2023), Connecticut (2023), Michigan (2023), Washington (2024), Virginia (2024), New Hampshire (2024), Maine (2025), and Oregon (2025). American Samoa and U.S. Virgin Islands, both United States territories, have also ended child marriage in that time, as has federal district and the nation's capital, Washington, D.C. Several other U.S. states have similar legislation pending. Between 2000 and 2018, some 300,000 minors were legally married in the United States. The vast majority of child marriages (reliable sources vary between 78% and 95%) were between a minor girl and an adult man. In many cases, minors in the U.S. may be married when they are under the age of sexual consent, which varies from 16 to 18 depending on the state. In some states, minors cannot legally divorce or leave their spouse, and domestic violence shelters typically do not accept minors. Historically, child marriage has been a culturally acceptable practice, but it is increasingly viewed as a form of child sexual abuse. It is an internationally recognized health and human rights violation disproportionately affecting girls, globally. Some international agencies, including the U.S. State Department, have declared it a human rights violation. Some researchers have concluded that there are consequences to child marriages; along with the threat of sexual abuse, children may be subject to loss of educational progress, early pregnancies, and psychological trauma.
Quick Access
Tag Explorer
Discover Fresh Ideas in the Universe of aéPiot
MultiSearch | Search | Tag Explorer
SHEET MUSIC | DIGITAL DOWNLOADS