Do You Need a “Government Approved License” to be Married? Not According to the Rules

Do You Need a “Government Approved License” to be married?

Not According to the Federal Rules of Evidence.

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The Federal Rules of Evidence provide several ways to present evidence of a marriage:

Marriage Certificates

Marriage certificates are considered a reliable form of evidence to prove a marriage. According to Rule 803(12), “Certificates of Marriage, Baptism, and Similar Ceremonies” are admissible as an exception to the hearsay rule[4][5]. This rule allows for the admission of:

1. A statement of fact contained in a certificate
2. Made by a person authorized by a religious organization or law to perform the act
3. Attesting that the person performed a marriage ceremony
4. Purporting to have been issued at the time of the act or within a reasonable time after

Public Records

Rule 803(9) allows for “Public Records of Vital Statistics” as an exception to hearsay[5]. This includes records of marriages reported to a public office in accordance with a legal duty.

Religious Organization Records

Rule 803(11) permits “Records of Religious Organizations Concerning Personal or Family History” as evidence[4][5]. This includes statements of marriage contained in regularly kept records of a religious organization.

Family Records

Under Rule 803(13), “Family Records” are admissible[4][5]. This can include statements of fact about marriage contained in family Bibles, genealogies, charts, or other family documents.

Personal or Family History Statements

Even if the declarant is unavailable, Rule 804(b)(4) allows for “Statement[s] of Personal or Family History”[7]. This includes statements about:

1. The declarant's own marriage
2. Another person's marriage, if the declarant was related by blood, adoption, or marriage, or was intimately associated with the person's family

It's important to note that these rules provide various methods for introducing evidence of a marriage, but the court will ultimately determine the weight and credibility of the evidence presented.

Citations:
[1] https://lscontent.westlaw.com/images/banner/documentation/FederalRulesofEvidence.pdf
[2] https://www.lexisnexis.com/supp/lawschool/resources/federal-rules-of-evidence.pdf
[3] https://www.govinfo.gov/content/pkg/CPRT-111HPRT53089/pdf/CPRT-111HPRT53089.pdf
[4] https://www.rulesofevidence.org/fre/article-viii/rule-803/
[5] https://www.law.cornell.edu/rules/fre/rule_803
[6] https://www.law.cornell.edu/wex/marital_privilege
[7] https://www.law.cornell.edu/rules/fre/rule_804
[8] https://www.justice.gov/sites/default/files/eoir/legacy/2014/08/15/marital-privledge-standard.pdf
[9] https://uscode.house.gov/view.xhtml?path=%2Fprelim%40title28%2Ftitle28a%2Fnode230&edition=prelim
[10] https://law.indiana.edu/instruction/tanford/web/reference/oldfre.html

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