Marriage/Marriage Age

Gale Encyclopedia of Everyday LawFamily Law (2006)

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Marriage/Marriage Age

Background

Marriage has generally been defined as a contract between a man and a woman who have consented to become husband and wife. More specifically, the U.S. Congress, in the Defense of Marriage Act (DOMA), Public Law 104-199, passed in 1996, defines marriage as "a legal union between one man and one woman as husband and wife." The status of DOMA has been challenged by proponents of same-sex marriage, who believe among other things that only legal marriage can guarantee full spousal rights such as inheritance, health care decisions, and parental rights. In 2004, Massachusetts passed legislation recognizing same-sex marriage; several states have varying degrees of spousal rights for same-sex couples.

Marriage requirements are defined by the laws of each state. Yet, there are certain aspects of a valid marriage that are required of any couple desiring to become husband and wife. These additional considerations include the capacity of the parties to enter into the marriage, the consent of the parties, and the age of each person. Regarding age, if individuals are minors, they must obtain the consent of either one or both of their parents, depending upon the laws of the state.

The fact that the states can regulate ma...

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