Quote Originally Posted by Jim M View Post
I found this thread on google searching for marriage without state as a third party. Im hoping someone here can help.

So here's my situation:

My fiancee and I want to marry each other, but I have long seen how the gov is too much in everyones business and I dont want them in ours. Marriage should be between us and only us and no one else.

We live in Tennessee and state statute 36-3-103 states (a) Before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or officer, authorizing the solemnization of a marriage between the parties. To me that says its illegal to be married without a licence

Is there any way to be married and it be accepted by the state without getting their permission?
Jim, I believe the key words in the statute (which you are supposed to overlook) are "in this state". What is this "state"? You'll find the key statutory definition of "state"(and "United States") that defines the terms for all the "code" at T.C.A. 1-3-105:

1-3-105. Definition of terms used in code.

As used in this code, unless the context otherwise requires:

(32) "State," when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States;

(36) "United States" includes the District of Columbia and the several territories of the United States;

DC & the "several territories" -- what's that? See any mention of several States in there? Me neither. They're giving you notice "this state" is territorial in nature, in contradistinction to one of the several States. Are you in one of the "several territories," or in one of the several States? If the latter, why would you care about their statutes?

But sadly, this is beyond the comprehension of most "ministers", in which case you could show them:


36-3-306. Marriage consummated by ceremony not invalidated by failure to comply with law -- Restriction.

Failure to comply with the requirements of §§ 36-3-104 -- 36-3-107, 36-3-109 -- 36-3-111 shall not affect the validity of any marriage consummated by ceremony. No marriage shall be valid, whether consummated by ceremony or otherwise, if the marriage is prohibited in this state.

You can also point out there is no penalty for conducting a ceremony without a "license".