Marriage without a state license - recommendations for officiants?

[Jethro]

My fiancee and I have decided we will not be marrying with a state license. We believe marriage is an institution ordained by God, and the state has no business attempting to "license" our marriage. We will wed in Florida in October. Florida's marriage statutes are remarkably clear in that a marriage license is not 'required' to get married, yet there is an extraordinary amount of cowardice by potential officiants about marrying without a state license.

Can anyone recommend any Christian officiants (in or near Florida) who may be willing to solemnize our wedding?

[David Merrill]

You seem to have crosstalk between trusts. In other words if you do not want to marry the state as the third party to your marriage why have an officiant?

But I think I can guess at why. You want the security - or more likely she does - that comes with the traditional conditioning and mental models of romance and permanence.

The bibles I have seen have a certificate of marriage. The traditional two witnesses are the bond. There is an officiant but that could be "by Common Law". In biblical times though, that two witness system tended to survive a few squabbles and your fiance likely wants more assurance of a future together...

I suggest you go to the county clerk and recorder and pull somebody's Certificate of Marriage and buy a copy. Then take this Marriage Certificate and add an officiant, maybe even a few more witnesses. Find a justice of the peace or preacher to preside over the wedding to sign it and then publish it at the county clerk and recorder.

It will likely have the same effect in law as the traditional Certificate of Marriage you started with though. However, the State will be mentioned nowhere on the document itself. But that is really what you are after if either or both of you are insisting on any officiant at all, in my opinion. Plus her father may be a lot more comfortable about the in-law situation.



Regards,

David Merrill.

[Jethro]

Then take this Marriage Certificate and add an officiant, maybe even a few more witnesses. Find a justice of the peace or preacher to preside over the wedding to sign it and then publish it at the county clerk and recorder.

That's the kicker -- finding someone who will preside over the wedding. Everybody thinks they'll "get in trouble" even though there's no law to get them in trouble. Even the Supreme Court long ago acknowledged:

"As before remarked, the [marriage] statutes are held merely directory; because marriage is a thing of common right..." Meister v. Moore (96 U.S. 76 (1877))

Directory - A provision in a statute, rule of procedure, or the like, which is a mere direction or instruction of no obligatory force, and involving no invalidating consequence for its disregard, as opposed to an imperative or mandatory provision, which must be followed.
[Black’s Law Dictionary, Sixth Edition, p. 460]

directory statute - A law that indicates only what should be done, with no provision for enforcement.
[Black's Law Dictionary, Seventh Edition, p. 1420]

Unfortunately, we live in a nation of cowards (even those who profess to trust in the Lord), though that's not news around here.

[Trust Guy]

Wife and I joined in Matrimony via witnessed contract in California, relying on pre existing Spanish Law. We published Banns in the local Paper of Record, giving Legal Notice 3 times, per general requirements. No “Minister” officiated. Our union was recognized with filing in the County Records. Outside of California we are only recognized by Common Law Marriage States, for any State ”Benefits”.

In your case, I might look for a State Registered independent “Ordained” Minister. Universal Life Church might be of help. ULC has a partial listing here - ttp://ulc.net/index.php?page=minister_directory

They may not meet your criteria for “Christian”.

You may also find someone with World Christianship Ministries, Universal Ministries, or an Independent Baptist. There are others, but only the above come to mind.

Be prepared to show where Florida law does not require a License when discussing your needs. Also be prepared to not be recognized by Government and Private institutions without their “Papers”, even though they are not required.

All the Best, TG

[shikamaru]

Wife and I joined in Matrimony via witnessed contract in California, relying on pre existing Spanish Law. We published Banns in the local Paper of Record, giving Legal Notice 3 times, per general requirements. No “Minister” officiated. Our union was recognized with filing in the County Records. Outside of California we are only recognized by Common Law Marriage States, for any State ”Benefits”.

In your case, I might look for a State Registered independent “Ordained” Minister. Universal Life Church might be of help. ULC has a partial listing here - ttp://ulc.net/index.php?page=minister_directory

They may not meet your criteria for “Christian”.

You may also find someone with World Christianship Ministries, Universal Ministries, or an Independent Baptist. There are others, but only the above come to mind.

Be prepared to show where Florida law does not require a License when discussing your needs. Also be prepared to not be recognized by Government and Private institutions without their “Papers”, even though they are not required.

All the Best, TG

Pooh .... the mighty Trust Guy beats me too it.
I will read threads completely before going gun crazy ... thanks Trust Guy.
Good stuff .... and from a man of experience too.

If government doesn't recognize it, then it is truly private and outside of their "law".

[David Merrill]

That's the kicker -- finding someone who will preside over the wedding. Everybody thinks they'll "get in trouble" even though there's no law to get them in trouble. Even the Supreme Court long ago acknowledged:

"As before remarked, the [marriage] statutes are held merely directory; because marriage is a thing of common right..." Meister v. Moore (96 U.S. 76 (1877))

Directory - A provision in a statute, rule of procedure, or the like, which is a mere direction or instruction of no obligatory force, and involving no invalidating consequence for its disregard, as opposed to an imperative or mandatory provision, which must be followed.
[Black’s Law Dictionary, Sixth Edition, p. 460]

directory statute - A law that indicates only what should be done, with no provision for enforcement.
[Black's Law Dictionary, Seventh Edition, p. 1420]

Unfortunately, we live in a nation of cowards (even those who profess to trust in the Lord), though that's not news around here.

Get a list of the judges from the county clerk and recorder; the judges who will preside as justice of the peace over weddings. They will understand, if anybody will.

The presumption I am making is that you are making a presumption. How many "officiants" have you inquired of?

[Jethro]

How many "officiants" have you inquired of?

I think we may have found one, though I'd like a "backup" -- people get spooked sooo easily nowadays.

[David Merrill]

I think we may have found one, though I'd like a "backup" -- people get spooked sooo easily nowadays.

I am hoping that is incorrect. The Income Tax seems to be coming to an end in Arizona, being replaced by a sales tax to try and take up the load for the failing Dollar. There is also a retaliatory financial regime formed - BRICS - Brazil, Russia, India, China and South Africa.

What I am saying is that there may be a lot of emotional response to you and your fiance' marrying through a work-around, but I hope there is a lot of sentiment and understanding to support that you would rather not have the State in bed with you.




Regards,

David Merrill.

[David Merrill]

P.S. Many years ago I was pumping a lot more testosterone and made Bachelor of the Month in Cosmopolitan Magazine. I had several old flames look me up too, surprisingly. I took a trip to Arizona and my old girlfriend arranged for me to officiate their friend's wedding. Without coaching I recall that as I was not a state official I sealed the occasion with:


By the power of the witnesses here...

[Jethro]

By the power of the witnesses here...

Yes! That's really all that's necessary. Now, if I could just find a handful of people who understand this and won't go hide under the bed for fearing of "doing something wrong"...