Also known as:marriage record · marriage certificate · marriage certificates · vital records
Written by attorneys · grounded in primary & secondary sources — see below
An official government record created when a completed marriage certificate form is returned to the clerk after solemnization. The clerk registers the marriage in the permanent archives, creating an authoritative entry that establishes the legal status of the marriage for all subsequent purposes.
Sources & Authorities
How it applies
Common Examples
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License Issued After Fee Payment
Miranda Morales and Maurice Marshall completed and signed a marriage application at the county clerk's office. Miranda appeared in person, paid the license fee, and supplied proof that both parties were over eighteen. The clerk issued the license and certificate form, allowing the couple to proceed to solemnization.
Certified Copy Used in Bigamy Trial
The prosecution introduced a certified copy of Michelle Murphy's prior marriage record to prove she was already married when she wed Mason McCarthy. The defense objected that the copyist who prepared the record was unavailable for cross-examination. The court admitted the copy because the original archive document could not be removed.
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Uniform Acts
Dictionaries
Melendez-Diaz v. Massachusetts129 S. Ct. 2527 (2009)
Clerk Registers Completed Certificate
After the ceremony, Melanie Morris completed the marriage certificate form and forwarded it to the county clerk. The clerk registered the marriage in the official records, creating the permanent entry that Melanie later needed to prove her marital status for insurance benefits.
Erickson v. Erickson716 A.2d 92 (Conn. 1998)
Records Subpoenaed for Privacy Challenge
Ming Ma challenged a government directive to produce his marriage records for public inspection. He argued that disclosure would expose personal details without his consent. The court examined whether the directive violated privacy interests protected by the Fourth Amendment.
Nixon v. Administrator of General Services433 U.S. 425 (1977)
Records Establish Family Status
Metro Bank reviewed marriage records to determine whether a surviving partner qualified as a family member for tenancy succession. The records showed a long-term relationship that met the functional-family criteria under local housing rules.
Braschi v. Stahl Associates543 N.E.2d 49 (N.Y. Ct. App. 1989)
Records Support Contraceptive Access Claim
Maxwell Manufacturing employees relied on marriage records to demonstrate that denial of spousal benefits violated equal protection. The records confirmed valid marriages that the company had refused to recognize on non-neutral grounds.
Eisenstadt v. Baird405 U.S. 438 (1972)
Common questions
Frequently Asked
4
What must occur before a clerk issues a marriage license under the Uniform Act?+
Both parties must complete and sign an application, at least one party must appear before the clerk, and the license fee must be paid. The clerk then issues the license and certificate form once satisfactory proof of age and non-prohibited status is furnished.
Supporting sources
How are marriage records used as evidence in criminal prosecutions?+
Certified copies of marriage records may be introduced to prove the existence of a prior marriage in bigamy cases when the original cannot be removed from the archive. The copyist's accuracy is treated as essential to the prosecution's case.
Supporting sources
What happens after solemnization under the Uniform Act?+
The person who solemnized the marriage or a party completes the certificate form and forwards it to the clerk. The clerk then registers the marriage in the official records.
Supporting sources
Do marriage records receive special constitutional protection?+
Marriage records may implicate privacy interests when the government seeks to disclose or compel their production. Courts balance the individual's expectation of confidentiality against the government's asserted need for the information.
Supporting sources
405 U.S. 438 (1972)Constitutional Law
…physician who can prescribe for married patients does not have sufficient skill to protect the health of patients who lack a marriage certificate, or who may be currently divorced, it is illogical to the point of irrationality." 429 F. 2d, at 1401.[^maj-8] Furthermore, we must join the Court of Appeals in noting that not all…