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Q:
What benefit does a marriage license really afford you and your spouse?
The
ability to file tax returns jointly? hmmmm....Think about it, and then read the
following article below.
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 (Dt. 22:16; Ex. 22:17; I Cor. 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 parents
authority by
demanding that the parents 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
parents 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 parents 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. Abraham Lincoln 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.
You should not have to obtain a license from the State to marry someone any more
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
. Both George Washington and Abraham Lincoln 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
. http://www.mercyseat.net/BROCHURES/marriagelicense.htm
End of
Report
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