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is there anyway to get married in ohio without a marriage license and it be legal? Marriage is a solemn and exalted state, sanctified by the church, respected by society, and licensed by the State. Marriage is basically a contract between two parties; the prospective husband and the prospective wife, however, there is a third party to all contracts of marriage--the State. For it is the State that by law provides conditions to and limitations of the marriage contract. http://www.probate.co.stark.oh.us/marriages_main.html isn't forcing 2 people to join with a 3rd.. unconstitutional?
State/Country relating to Question: Ohio Already Tried: called local attorneys.. all said 'not possible' i really have a hard time believing the state is in that deep as too force her and i to sign a legal contract with 'it'
Hello, and thank you for the opportunity to answer your question. That is a fascinating question, and I had never thought of the issue that way. Having said that, I am relatively confident that, were you to take this issue to Ohio state court (or Federal Court) you won't get far. It is well established in the courts that the state regulating marriage is not unconstitutional (At least according to the courts). Arguments have been raised under the Due Process clause, the contracts clause, and general privacy principles under the US constitution, to no avail. Courts have consistently found that the act of licensing marriage in the way that states do, although admittedly a limitation of a fundamental right (marriage being a fundamental right) was outweighed by the state's need to protect its citizens (from incest, illness etc...). Agree or disagree, the issue is very well settled law. I think part of the argument goes that the state limits all types of arrangements and this is constitutional so long as there is a public safety or community interest motivation behind the limitations. While I would agree that there are serious ethical and moral considerations when we involve the state in something as personal (and generally religious) as marriage, so far the courts have not had a problem with this type of involvement in people's personal lives.At this point, there aren't any constitutional arguments left to be tried. Having said this, you are welcome to try and challenge the status quo in court, as this is the only way that court precedent that we don't like can be changed. Unfortunately, a marriage license is required. I hope this helps, and thank you for the opportunity to answer your question. If you have any further questions, please do not hesitate to ask by clicking "reply". Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work. Take care SavyLawyer40045.7961334144
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thank you for your time... i just needed to hear it from an outside source.
My pleasure. Take care