Jonah Patel
Marriage in the United States is a legal, social, and religious institution. The basic elements of a marriage are the parties' legal ability to marry each other, mutual consent, and a marriage contract. The age at which a person can marry varies by state, with the general marriage age being 18 years, except in Nebraska (19) and Mississippi (21). Marriage licenses are issued by states, localities, or employers, and may be available to opposite-sex or same-sex couples, depending on the jurisdiction. Marriage laws have changed considerably over time, including the removal of bans on interracial and same-sex marriage.
| Characteristics | Values |
|---|---|
| Number of individuals | Marriage is between two individuals |
| Age | The marriage age is generally 18 years, with exceptions in Nebraska (19) and Mississippi (21). |
| Minors | 37 states allow minors to marry in certain circumstances, such as parental consent, judicial consent, pregnancy, or a combination of these situations. |
| Marital status | An individual shall be considered married if the marriage is valid in the State where it was entered into. |
| Dissolution | Marriage can be dissolved by death, divorce, or annulment. |
| Recognition | Registration and recognition are functions of states, localities, or employers. |
| Same-sex marriage | Same-sex marriage is legal across the United States. |
| Common-law marriage | Eight states recognize common-law marriage, where couples live together and "hold themselves out" as married. |
| Polygamy | Polygamous marriages are not federally recognized. |
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What You'll Learn
Marriage age
Marriage in the United States is a legal, social, and religious institution. The marriage age varies by state, with each state and territory setting its own age, either by statute or through common law. Generally, an individual may marry without parental consent or other authorization upon reaching 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). In Puerto Rico, the general marriage age is also 21. In Alabama, the age of majority is 19, while the general marriage age is 18.
Most states also allow minors to marry in certain circumstances, such as with parental consent, judicial consent, or due to pregnancy. Most states permit minors aged 16 and 17 to marry with parental consent alone. Four states have no statutory minimum age if other legal conditions are met. All other states have set an absolute minimum marriage age by statute, ranging between 15 and 18. Between 2003 and 2018, over 200,000 minors married in the US, and in Tennessee, a 10-year-old girl was married in 2001 before the state established a minimum marriage age of 17 in 2018. The US is the only UN member state that has not ratified the Convention on the Rights of the Child, which recommends that the minimum marriage age be 18 years.
The median age for first marriages has been increasing over time. In 2023, the median age of a first marriage was 30.2 for men and 28.4 for women, compared to 27.1 and 25.3, respectively, in 2003. The median age also varies by state. For example, in 2023, men and women married earliest in Utah, with median ages of 26.8 and 25.2, respectively. In contrast, men married the oldest in Hawaii (32.5 years old), New York (32.2), and California (32.1), while women married the oldest in Washington, DC (31.7), and New York and Massachusetts (30.5).
Marriage is primarily regulated by the states, and states have the authority to determine who can marry and how marriages can be dissolved. However, the Supreme Court has established that marriage is a civil right and that states cannot prohibit marriage without a valid reason. For example, in Loving v. Virginia, the Supreme Court ruled that prohibiting interracial marriage is unconstitutional as it violates the Equal Protection Clause of the Constitution. Additionally, in Obergefell v. Hodges, the Supreme Court held that denying same-sex couples the right to marry violates the US Constitution, thereby invalidating all state laws and amendments prohibiting same-sex marriage.
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Same-sex marriage
The legal recognition of same-sex marriage in the United States has been a long and arduous journey, spanning decades of history and culminating in a landmark victory in June 2015. Prior to 2004, same-sex marriage was not performed or legally recognised in any jurisdiction within the US. The first lawsuits seeking legal recognition for same-sex relationships emerged in the early 1970s, but they were unsuccessful in achieving their goal.
The turning point came in 1993 with the Hawaii Supreme Court decision in Baehr v. Miike, which suggested that the state's prohibition on same-sex marriage might be unconstitutional. This sparked a wave of actions at both the federal and state levels to restrict marriage to male-female couples, including the enactment of the Defense of Marriage Act (DOMA) in 1996. DOMA defined marriage as "only a legal union between one man and one woman as husband and wife".
Despite these challenges, civil rights campaigning in support of marriage equality continued, and in 2004, Massachusetts became the first state to issue marriage licenses to same-sex couples. This sparked a wave of legal challenges and state legislation, with opponents of same-sex marriage seeking to uphold traditional definitions of marriage. By late 2014, same-sex marriage had become legal in states comprising more than 70% of the US population.
The US Supreme Court played a pivotal role in advancing marriage equality through key decisions in 2013 and 2015. In United States v. Windsor (2013), the Court struck down Section 3 of DOMA as unconstitutional, marking a significant shift. This was followed by the historic decision in Obergefell v. Hodges (2015), which declared that denying same-sex couples the freedom to marry violated the US Constitution. This ruling granted same-sex couples in all 50 states the right to full and equal legal recognition, ending interstate legal complications surrounding same-sex marriage.
Since July 9, 2015, married same-sex couples throughout the US have had equal access to federal benefits, including Social Security, health insurance, immigration law, and more. The journey towards marriage equality in the US has been a collective effort, with organisations like the HRC playing a significant role in rallying support and changing hearts and minds. The legal recognition of same-sex marriage in the US stands as a testament to the power of civil rights campaigning and the enduring pursuit of equality under the law.
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Common-law marriage
In the US, marriage is chiefly regulated by each state. The basic elements of a marriage are the parties' legal ability to marry each other, mutual consent, and a marriage contract as required by law.
The origins of common-law marriage are uncertain. It is argued that it is the original form of marriage, where a couple took up residency together, presented themselves as a married couple, and otherwise behaved as one. It is claimed that common-law marriage in the US originated in colonial America, where the presence of few clerics or civil officials necessitated a substitute for ceremonial marriage. Since then, most states have removed common-law marriage as a legal status.
The specific requirements for a common-law marriage to be recognized vary by state. For example, in Texas, couples can file a legal "Declaration of Informal Marriage", which is a legally binding document. Both partners must be at least 18 years old, and the form must be completed and sworn or affirmed in the presence of the County Clerk. This is the same procedure used when a marriage license is issued and filed; the term "informal" refers to the absence of a formal wedding ceremony.
In some cases, states without common-law marriage must recognize a common-law marriage from another state. For instance, California, which does not include common-law marriage in its laws, would recognize a common-law marriage obtained in a state that does recognize it.
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Marriage and immigration
Marriage is a legal, social, and religious institution in the United States. The legal validity of a marriage is determined by the laws of the jurisdiction in which it is performed. This means that a marriage is valid for immigration purposes if it is valid in the jurisdiction where it was celebrated.
In the US, marriage is defined as the legal union of two individuals. The basic elements of a marriage are the parties' legal ability to marry each other, mutual consent, and a marriage contract as required by law. The age at which a person can marry varies by state, with the general marriage age being 18 years, except in Nebraska (19) and Mississippi (21). In addition, 37 states allow minors to marry under certain circumstances, such as parental consent or pregnancy.
For immigration purposes, an individual must establish the validity of their marriage. A marriage certificate is usually considered sufficient evidence that a marriage was legally performed. However, in some cases, additional proof of the legitimacy of a new marriage may be required, such as joint financial records, leases, insurance, or bank statements.
In the case of same-sex marriages, the United States Supreme Court ruled in 2013 that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. This Act had previously defined marriage as a legal union between one man and one woman. Following the Supreme Court decision, the validity of same-sex marriages is determined by the place-of-celebration rule, the same rule used for opposite-sex marriages.
Common-law marriages, which are recognized in some states, can also be valid for immigration purposes if the parties live in the jurisdiction and meet the qualifications for common-law marriage in that jurisdiction. USCIS recognizes common-law marriages for naturalization purposes if the marriage was valid and recognized by the state in which it was established.
To gain legal immigration status in the US through marriage, an individual must be lawfully admitted as a permanent resident for at least three years before filing Form N-400. They must also have lived with their US citizen spouse during those three years and be physically present in the US for at least 18 months out of that period. The marriage allows the non-citizen spouse to remain in the US while their application is pending.
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Marriage and religion
Marriage in the United States is a legal, social, and religious institution. The legal definition of marriage in the US has changed over time. In 1996, the Defense of Marriage Act (DOMA) defined marriage as "only a legal union between one man and one woman as husband and wife". However, in 2013, the United States Supreme Court ruled that Section 3 of DOMA was unconstitutional, and in 2015, the Supreme Court decision in Obergefell v. Hodges declared that denying same-sex couples the freedom to marry violated the US Constitution. This decision invalidated all state statutes and constitutional amendments barring same-sex marriages.
The legal requirements for marriage in the US include the parties' legal ability to marry each other, mutual consent, and a marriage contract as required by law. The age at which a person can marry varies by state, with the general marriage age being 18 years in most states, 19 in Nebraska, and 21 in Mississippi. In addition to these legal requirements, marriage is also shaped by social and religious norms and traditions.
Religion has played a significant role in shaping marriage in the US. Historically, marriage has been tied to religion and religious institutions, with clergy from different religious groups authorized by the government to perform weddings. Even today, religious organizations and their employees are not required to provide services for the solemnization or celebration of marriages, protecting their religious freedom.
The share of married adults varies across different religious groups in the US. According to the 2014 Religious Landscape Study, certain religious groups, such as Mormons, members of the Presbyterian Church, and the Evangelical Lutheran Church in America, have a higher-than-average percentage of married adults. Overall, 48% of American adults reported being married, while smaller shares reported living with a partner (7%), being divorced or separated (13%), or widowed (7%).
Religious beliefs and practices can also influence the dynamics within marriages. For example, among married Americans, 74% report having a spouse who shares their religion, while 26% say their spouse has a different religious identity. Religious beliefs can shape perspectives on topics such as sex, with studies suggesting that religious affiliation and participation are associated with higher levels of emotional and physical satisfaction with sex. Additionally, religious participation has been found to be inversely associated with the perpetration of domestic violence.
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Frequently asked questions
Marriage is a legal, social, and religious institution. It is a legal union of individuals who have the legal ability to marry each other, have given mutual consent, and have a marriage contract as required by law.
The age at which a person can marry varies by state. The marriage age is generally 18 years, with the exception of Nebraska (19) and Mississippi (21). In all states except these two, an individual may marry without parental consent or other authorization on reaching 18 years of age.
Common-law marriage is a legal marriage without a formal ceremony. Eight states recognize common-law marriage, and it can be established by a couple's mutual consent to enter the legal and social institution of marriage, followed by conduct manifesting that mutual agreement.
Yes, same-sex marriage is legal across the United States. In 2013, the United States Supreme Court ruled that denying same-sex couples the freedom to marry violates the U.S. Constitution.
