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Civil marriage

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Edmund Leighton, The Wedding Register.

A civil marriage is a marriage performed, recorded, and recognized by a government official.[1] Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular.

History

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Countries maintaining a population registry of its residents keeps track of marital status,[2] and all United Nations (UN) Member states except Iran, Somalia, South Sudan, Sudan, and Tonga have signed or ratified either the United Nations Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages (1962)[3] or the United Nations Convention on the Elimination of All Forms of Discrimination against Women (1979) which carry a responsibility to register marriages.[4] Most countries define the conditions of civil marriage separately from religious requirements. Certain states, such as Israel, allow couples to register only on the condition that they have first been married in a religious ceremony recognized by the state, or were married in a different country.

In England

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In medieval Europe, marriage was governed by canon law, which recognized only those marriages where the parties stated they took one another as husband and wife as valid, regardless of the presence or absence of witnesses. It was not necessary, however, to be married by any official or cleric. This institution was canceled in England with the enactment of "Lord Hardwicke's Marriage Act" of 1753, which required that, in order to be valid and registered, all marriages were to be performed in an official ceremony in a religious setting recognized by the state, i.e. Church of England, the Quakers, or in a Jewish ceremony. Any other form of marriage was abolished. Children born into unions that were not valid under the Act would not automatically inherit the property or titles of their parents. For historical reasons, the Act did not apply in Scotland. Consequently, until 1940, it continued to be enough in Scotland for a man and a woman to pledge their commitment to each other in front of witnesses to legalize their marriage. This led to an industry of "fast marriages" in Scottish towns on the border with England; the town of Gretna Green was particularly well known for this. In 1836, the requirement that the ceremony takes place in a religious forum was removed, and registrars have given the authority to register marriages not conducted by a religious official.

In other European countries

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A couple waiting to get married in the town of Alghero on the island of Sardinia, Italy

Many European countries had institutions similar to common-law marriage. However, the Catholic Church forbade clandestine marriage at the Fourth Lateran Council (1215), which required all marriages to be announced in a church by a priest. In 1566, the edict of the Council of Trent was proclaimed denying Catholics any form of marriage not executed in a religious ceremony before a priest and two witnesses.

The Protestant pastor and theologian of Geneva, John Calvin, decreed that in order for a couple to be considered married they must be registered by the state in addition to a church ceremony.

In 1792, with the French Revolution, religious marriage ceremonies in France were made secondary to civil marriage. Religious ceremonies could still be performed, but only for couples who had already been married in a civil ceremony. Napoleon later spread this custom throughout most of Europe. In present-day France, only civil marriage has legal validity. A religious ceremony may be performed after or before the civil union, but it has no legal effect.

In Germany, the Napoleonic code was valid only in territories conquered by Napoleon. With the fall of his empire, civil marriage in Germany began to die out. However, certain sovereign German states introduced civil marriages, which were either obligatory (like the French model) or optional, with either a religious or civil ceremony being accepted. Already before 1848, the Grand-Duchy of Saxe-Weimar-Eisenach enacted optional civil marriages, followed by the German republics of the Free City of Frankfurt upon Main (1850, obligatory), Free and Hanseatic City of Hamburg (1851, optional) and Free and Hanseatic City of Lübeck (1852, optional). German Grand-Duchies such as Oldenburg (1852/55, optional), Baden (1860), and Hesse (1860) as well as the Kingdom of Württemberg (1863) followed suit.[5] Civil marriages enabled interfaith marriages as well as marriages between spouses of different Christian denominations. After the unification of Germany in 1871, the Reichstag adopted a bill initiated by Chancellor Otto von Bismarck as the "Civil Marriage Law" in 1875 (see: Kulturkampf); since then, only civil marriages have been recognized in Germany. Religious ceremonies may still be performed at the couple's discretion. Until December 31, 2008, religious marriages could not be performed until the couple had first married in a civil ceremony.

Civil marriage in the world nowadays

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See also: Marriage law
Civil marriage by country
  State recognizes civil marriages only
  State recognizes both civil and certain religious marriages
  State recognizes civil marriages; no additional information
  State recognizes religious marriages only
  Civil marriages only for foreigners
  Civil marriages only for non-Muslims

England and Wales

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Today marriages in England or Wales must be held in authorized premises, which may include register offices, premises such as stately homes, castles, and hotels that have been approved by the local authority, churches or chapels of the Church of England or Church in Wales, and other churches and religious premises that have been registered by the registrar general for marriage.[6]

Civil marriages require a certificate and at times a license, that testify that the couple is fit for marriage. A short time after they are approved in the superintendent registrar's office, a short non-religious ceremony takes place which the registrar, the couple, and two witnesses must attend; guests may also be present. Reference must not be made to God or any deity, or to a particular religion or denomination: this is strictly enforced, and readings and music in the ceremony must be agreed upon in advance.[7]

United States

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Marriage in the United States is largely regulated by state laws, though the Supreme Court has the authority to strike down unconstitutional laws — see cases Loving v. Virginia and Obergefell v. Hodges.

All states and the District of Columbia, as well as U.S. territories, require a marriage license issued by local civil authorities. As a rule, ministers of religion (e.g. rabbis or Christian pastors) are authorized in law to perform marriages; various state or local officials, such as a mayor, judge, deputy marriage commissioner, or justice of the peace, are also empowered to conduct civil wedding ceremonies, which may take place in public offices. Many counties in Pennsylvania allow self-uniting marriages for which no official minister is required, owing to the state's Quaker heritage. The type of ceremony (religious or civil) has no bearing on the legal validity of the marriage, and there is no requirement to precede a religious rite with a civil ceremony.[citation needed] Marriages performed outside of the United States are legally binding if officially recognized by the government of the country in which they are performed.

South Korea

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Discrimination occurs when two foreigners of two different nationalities decide to get married under South Korean law, because government offices will not issue foreigners the same "Marriage Certificate" ("혼인관계증명서") that is issued to two Koreans. In the case of two foreigners, the certificate is called "수리증명서", which is translated as "Certificate of Repair", not "Certificate of Marriage Registration" as stated on the US Embassy & Consulate website.[8]

Countries with mandatory civil marriage

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In most European and Latin American countries there is a civil ceremony requirement. Following the civil marriage ceremony, couples are free to marry in a religious ceremony. Such ceremonies, however, only serve to provide a religious recognition of the marriage, since the state's recognition has already been given. In some of these countries (e.g. Belgium, the Netherlands and Turkey) most couples marry without any religious ceremony at all.[9] Full, formal weddings, complete with wedding gowns and the presence of family and friends, are usually conducted in special ceremonial rooms in the town hall.

Countries with no civil marriage

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There is no civil marriage in many Middle Eastern countries like Syria,[10] Jordan,[11] Saudi Arabia, Qatar, Iran, Lebanon, Palestine, and Israel, as well as Libya and Indonesia;[12] all marriages are conducted by religious authorities, and are registered by civil authorities only after having been registered by authorities of officially approved religions, or, having been registered abroad. Israel, Syria, and Lebanon officially recognize Islam, Christianity, Druze, and Judaism as different religious sects within the legal system; marriage is only possible within the same religion but allowed between different denominations of that religion.[13] In Lebanon, depending on the gender and religion, interfaith marriages are permissible. A Muslim man can marry a Christian or Jewish woman, but a Muslim woman cannot marry outside her faith. Additionally, Druze usually only law marriages between Druze. It demonstrates how in Lebanon gender and sect intersects in law and state affairs.[14] Additionally, Lebanon recognises civil marriages from abroad.[15] Contrary to the situation in Lebanon, Syrian law prohibits the recognition of any marriage that falls outside the existing proscriptions of its personal status laws, even if the couple marries abroad.[16][a] Malaysia and the United Arab Emirates allow civil marriage for non-Muslims only,[18] while in Kuwait, Bahrain and Afghanistan[19] it is allowed for foreign citizens only.

Civil marriage and other unions of same-sex couples

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People leaving the town hall of Høje-Taastrup, Denmark following a civil marriage
Main article: Same-sex marriage
See also: Civil union and Domestic partnership

As of March 2024, the following jurisdictions permit same-sex marriages:

In 22 countries worldwide and in several jurisdictions within Mexico, a same-sex couple can be legally partnered in a civil union, domestic partnership or registered partnership. Couples in these unions or partnerships are afforded rights and obligations similar to, but not identical to, those of a married couple.

See also

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Notes

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  1. ^ During the Mandate for Syria and Lebanon, French High Commissioner of the Levant Damien de Martel enacted Law no. 60/LR (Lois et Réglements) on 13 March 1936, which would give different religious communities the right to form their family laws in their own religious courts. However, Muslims rejected the notion which would make them equal to non-Muslims and lose the privileged status made by the Ottoman Millet system. The Muslims also rejected Law no. 146/LR on 18 November 1938 enacted by High Commissioner Gabriel Puaux, which would recognize civil marriages contracted abroad, and require citizens to follow civil laws which are not explicitly regulated within one's religious community.[17]

References

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  1. ^ "Civil Marriage Definition". Marriage.about.com. 2012-04-10. Archived from the original on 2023-02-27. Retrieved 2013-03-24.
  2. ^ "Demographic and Social Statistics: Marriage and divorce". unstats.un.org.
  3. ^ "OHCHR | Convention on Consent to Marriage, Minimum Age for Marriage".
  4. ^ "Child Marriage - Consent to Marriage - CEDAW - UN Convention on Marriage". Archived from the original on 2013-10-29. Retrieved 2013-03-31.
  5. ^ Julius Schoeps, "Emanzipation der Herzen – oder: Der Fall Ferdinand Falkson", in: PreußenJahrBuch: Ein Alamanch [published on the occasion of the Projekt Preussen 2001], Museumspädagogischer Dienst Berlin (MD Berlin) in collaboration with the Landesverband der Museen zu Berlin and Museumsverband des Landes Brandenburg (ed.), Berlin: MD Berlin, 2000, pp. 52–56, here p. 56. ISBN 3-930929-12-0.
  6. ^ "England and Wales", Legal (article), Wedding Guide UK, archived from the original on 2013-02-09
  7. ^ "England and Wales", Music Not Allowed at Civil Ceremonies (article), Wedding Music Designer (Simon Jordan), 30 August 2015
  8. ^ Getting married in South Korea, US Embassy & Consulate
  9. ^ "Legal wedding in Turkey". 2022-10-29.
  10. ^ Syria: Social repercussions of a marriage between a male Druze and a Muslim woman, UNHCR
  11. ^ Marriage in Jordan, USA: Jordan embassy, archived from the original on 2011-10-06
  12. ^ Marriage in Indonesia, BCC Visa Law, archived from the original on 2011-11-03, retrieved 2011-08-31
  13. ^ Mikdashi, M. (2022). Sextarianism. In Stanford University Press eBooks. https://doi.org/10.1515/9781503631564
  14. ^ Mikdashi, Maya (2022). Sextarianism: sovereignty, secularism, and the state in Lebanon. Stanford, California: Stanford University Press. ISBN 978-1-5036-3156-4.
  15. ^ "Marriage Lawyers in Lebanon | Attorneys Beirut |". Retrieved 2024-02-28.
  16. ^ Hassan, Ali Wadea' (13 May 2017). "Between Church and State: Civil Marriage in the Arab World".
  17. ^ van Eijk 2016, pp. 29–30.
  18. ^ "Marriage". The Official Portal of the UAE Government. Retrieved 2022-11-21.
  19. ^ Marriage in Afghanistan, USA: Kabul embassy, archived from the original on 2011-09-06
  20. ^ "Archived copy". dysk.onet.pl. Archived from the original on 4 January 2017. Retrieved 22 May 2022.{{cite web}}: CS1 maint: archived copy as title (link)
  21. ^ Israel's Supreme Court approves same-sex marriages performed abroad Archived September 30, 2011, at the Wayback Machine Israel Insider, November 21, 2006

Bibliography

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  • van Eijk, Esther (2016). Family Law in Syria: Patriarchy, Pluralism and Personal Status Laws. Bloomsbury Publishing. ISBN 9781786730190.
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