marriage

Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes... is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry or not marry, a person of another race resides with the individual and cannot be infringed by the State.

The word marriage is used to signify either the act of entering into the marital condition, or the condition itself. In the latter and more frequent legal sense, it is a civil status, existing in one man and one woman, legally united for life for those civil and social purposes, which are based in the distinction of sex. Its source is the law of nature whence it has flowed into the municipal laws of every civilized country, and into the general law of nations. And since it can exi^t only in pairs, and since no persons are compelled, but all who are capable are permitted to assume it, marriage may be said to proceed from a civil contract between one man and one woman of the needful physical and civil capacity. 30 Georgia 176. As applied to the act of becoming married, marriage is the acts, whether of private contract or ofiicial or religious ceremonial, by which a man and a woman lawfully enter into the married state. As distinguished from the agreement to marry, and the act of becoming married, is the civil status of one man and one woman united in law for the discharge to each other and the community of the duties legally incumbent on husband and wife. See Bish. Mar. & Div. § 3. Marriage is generally referred to as a contract, but, under modem doctrine, its contractual nature is confined to the formation of the relation, such formation being wholly a matter of contract. But, when formed, marriage is not a contract, but a status. 30 Ga. 176; 3 Heisk. (Tenn.) 307; 53 Mo. 578; 9 Ind. 37.

PROMISE OF. See Pbomise or Mabbiage.

Marriage, as distinguished from the agreement to marry and from the act of becoming married, is the civil status of one man and one woman united In law for life, for the discharge to each other and the community of the duties legally incumbent on those whose association is founded on the distinction of sex. 1 Bish. Mar. & Div. § A And sce State v. Fry, 4 Mo. 126; Mott v. Mott, 82 Cal. 413, 22 Pan. 1140; Reynolds v. U. S., 98 U. S. 165, 25 In Ed. 244; Maynard v. Hill, 125 U. S. 190, 8 Sup. Ct. 723, 31 L. Ed. 654; Wade v. Kalbfleisch, 58 N. Y. 284, 17 Am. Rep. 250; State v. Bittick, 108 Mo. 183, 15 S. W. 325, 11 L. In A. 587; 23 Am. St. Rep. 869; Alien v. Allen, 73 Conn. 54, 46 Atl. 242, 49 L. R. A. 142, 84 Am. St. Rep. 135. A contract, according to the form prescribed by law, by which a man and woman, capable of entering into such contract, mutually engage with each other to live their whole lives together in the state of union which ought to exist between a husband and wlfe. Shelf. Mar. & Div. 1. Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual assumption of marital rights, duties, or obligations. Civil Code Cal. § 55. Marriage is the union of one man and one woman, "so long as they both shall live," to the exclusion of all others, by an obligation which, during that time, the parties cannot of their own volition and act dissolve, but which can be dissolved only by authority of the state. Roche v. Washington, 19 Ind. 53, 81 Am. Dec. 376. The word also signifies the act, ceremony, or formal proceeding by which persons take each other for husband and wife. In old English law, marriage is used in the sense of "maritagium," (q. v.,) or the feudal right enjoyed by the lord or guardian in chivalry of disposing of his ward in marriage.

— Avail of marriage. See that title.

— Common-law marriage. See Common Law.

— Jactitation of marriage. See Jactitation.

— Marriage articles. Articles of agreement between parties contemplating marriage, intended as preliminary to a formal marriage settlement, to be drawn after marriage. Ath. Mar. Sett. 92.

— Marriage brohage. The act by which a third person, for a consideration, negotiates a marriage between a man and woman. The money paid for such services is also known by this name. Helien v. Anderson, 83 111. App. 509; White v. E5quitable Nuptial Ben. Union, 76 Ala. 251, 52 Am. Rep. 325.

— Marriage ceremony. The form, religious or civil, for the solemnization of a marriage.

— Marriage consideration. The consideration furnished by an intended marriage of two persons. It is the highest consideration known to the law.

— Marriage license. A license or permission granted by public authority to persons who intend to intermarry. By statute in some jurisdictions, it is made an essential prerequisite to the lawful solemnization of the marriage.

— Marriage-notice book. A book kept, in England, by the registrar, in which applications for and issue of registrar's licenses to marry are recorded.

— Marriage portion. Dowry ; a sum of money or other property which is given to or settled on a woman on her marriage. In re Croft, 162 Mass. 22, 37 N. E. 784,

— Marriage promise. Betrothal; engagement to intermarry with another. Perry v. Orr, 35 N. J. Law, 296.

— Marriage settlement. A written agreement in the nature of a conveyance, calied a "settlement," which is made in contemplation of a proposed marriage and in consideration thereof, either by the parties about to intermarry, or one of them, or by a parent or relation on their behalf, by which the title to certain property is settled, i. e., fixed or limited to a prescribed course of succession; the object being, usually, to provide for the wife and children. Thus, the estate might be limited to the husband and issue, or to the wife and issue, or to husband and wife for their joint lives, remainder to the survivor for life, remainder over to the issue, or otherwise. Such settlements may also be made after marriage, in which case they are calied "post-nuptial.

— Mixed marriage. A marriage between persons of different nationalities; or, more particularly, between persons of different racial origin ; as between a white person and a negro or an Indian.

— Morganatic marriage. The lawful and inseparable conjunction of a man, of noble or illustrious' birth, with a woman of inferior station, upon condition that neither the wife nor her children shall partake of the titles, arms, or dignity of the husband, or succeed to his inheritance, but be contented with a certain allowed rank assigned to them by the morganatic contract. But since these restrictions relate only to the rank of the parties and succession to property, without affecting the nature of a matrimonial engagement, it must be considered as a just marriage. The marriage ceremony was regularly performed; the union was indissoluble; the children legitimate. Wharton.

— Plural marriage. In general, any bigamous or polygamous union, but particularly, a second or subsequent marriage of a man who already has one wife living, under the system of polygamy as practised by Mormons. See Freil v. Wood, 1 Utah, 165.

— Scotch marriage. A marriage contracted without any formal solemnization or religious ceremony, by the mere mutual agreement of the parties per verbo de præsenti in the presence of witnesses, recognized as valid by the Scottish law.

An engagement by which in form woman capable of entering into such an other for husband and wife; the act or ceremony engagement is solemnized; the relation which articles: articles of agreement between parties riage, intended as preliminary to a formal Marriage brokage: the procurement of a sons, for a consideration; the consideration paid. Marriage settlement: a settlement marriage, by which the estate of either or both tled or limited to be enjoyed in a certain way.

In the feudal law. The power which the lord or had, of disposing of his infant ward in matrimony.

A writ formerly available toa wife after a divorce, for the recovery of the goods given with her in marriage. Moz ley & Whitley.

The feudal chivalry of disposing ward refused, he or (valor maritagii, suitor would in good value of the marriage if the ward married articles: articles of drawn after marriage. riage for a consideration. riage settlement: wife, in consideration husband and wife, in Marshalling of Assets,

PROMISE OF, Vide Promise of Marriage.