Also known as: marriage licenses · marriage licence · marriage licences
Written by attorneys · grounded in primary & secondary sources — see below
A document issued by a designated state official that authorizes two persons to marry. The license must be obtained before solemnization in most states. Issuance requires a completed application, proof of eligibility such as age and absence of prohibitions, and payment of the required fee.
Musa Mensah completed and signed the marriage application at the county kiosk. He appeared before the clerk, paid the fee, and supplied proof that both parties were over eighteen and the marriage was not prohibited. The clerk issued the license even though Miranda Morales never appeared in person.
Marco Marquez and Melissa Mills both signed the marriage application. Marco appeared before the clerk and paid the statutory fee. The clerk issued the license and marriage certificate form after receiving proof that each party had reached the required age and that the marriage was not prohibited.
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Mustafa Mahmoud obtained a marriage license and solemnized his marriage. After the ceremony his spouse alleged forced intercourse. The court examined whether the license created any exemption from criminal liability for the charged conduct.
Melanie Morris and a partner of a different race applied for a marriage license. The clerk denied the application under a state statute prohibiting interracial marriage. The couple challenged the denial as an unconstitutional restriction on the right to marry.
Mosaic Retail employee Miranda Morales owed child support. The clerk refused to issue a marriage license until she obtained a court order proving compliance and that her children would not become public charges. She challenged the requirement as an unconstitutional barrier to marriage.
Meridian Motors workers Marco Marquez and Melissa Mills lived together for years and raised children but never obtained a marriage license. When property rights arose after separation, the court considered whether the absence of a license prevented recognition of any marital status.
The couple must complete and sign an application, have at least one party appear before the clerk, pay the fee, and furnish proof that each party meets the age requirement and that the marriage is not prohibited.
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Most states require both a license and solemnization for a valid marriage. The license must be obtained from the designated licensing officer before the solemnization ceremony occurs.
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A state may not refuse a marriage license when the refusal significantly burdens the fundamental right to marry without being narrowly tailored to a sufficiently important state interest.
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…the absolute prohibition of a “white person” marrying other than another “white person,”[^maj-7] a prohibition against issuing marriage licenses until the issuing official is satisfied that the applicants’ statements as to their race are correct,[^maj-8] certificates of “racial composition” to be kept by both local and state…