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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.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
a settled arrangement; especially : a code of laws