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Are you okay with common law marriage?

Discussion in 'General Baptist Discussions' started by Marcia, Mar 2, 2010.

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  1. Yes, I see no biblical problems with it if the state recognizes it.

    15 vote(s)
    44.1%
  2. No, I do not think this is biblical marriage (say why).

    15 vote(s)
    44.1%
  3. Not sure

    3 vote(s)
    8.8%
  4. Other (please explain)

    1 vote(s)
    2.9%
  1. Marcia

    Marcia Active Member

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    In almost all states, you do have to have a license to be legally married. This is a matter of following the law, which Christians are supposed to do. Otherwise, in most states, you are not legally married.

    We are talking here of a tiny minority of states that still recognize common law marriage. I asked before - why is it dwindling? Why have so many states done away with it if it's so great. Why do Christians want to do this?

    From a Christian viewpoint, the common law couple declaring in public is not the same as getting married before God. I now wish I had made the OP question: Is it okay for a Christian couple to have a common law marriage? Because that is what I'd really like to know. Why on earth would a Christian couple do this?
     
  2. Marcia

    Marcia Active Member

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    I disagree with you on your statement about Rom. 1 and 2. We don't go to nature to decide how God wants us to live. It's a guide but it is not the standard because we are in a fallen world. No one has the perfect standard in them.

    Laws vary vastly from culture to culture, so you cannot use this nature thing at all. Hindu custom was to burn the widow alive on the funeral pyre. Someone could make an argument that that was following "nature" or some kind of inner standard. In some tribal cultures, they put twin babies in the jungle to be eaten alive. I could go on and on with the things people do by nature. They know there is right and wrong but it is totally distorted.

    So there's a Christian couple in a common law state and instead of marrying in a church and getting a license, they move in together and declare themselves man and wife. Is this the best witness for Christ?
     
  3. Allan

    Allan Active Member

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    Again, you don't understand nor are you commenting/debating on the actaul issues at hand. Now who can't see? Continue on and you will note just what I am talking about.

    No, this thread is about - Are you OK with common law marriage. This gives rise to the debate why or why not one is or is not Ok with it. Cohabitiation is part of the arguement to the OP's question.

    I wish you would just deal the issues provided already instead.

    This is not about whether common law marriages are legal but why one is or is not OK with them in the places where it is applicable.

    And this would be one of those reasons some would not be for 'this type' of common law marriage.

    There is a difference and distinction between these witnesses who are actually more character witnesses (stating they heard the couple say they were married), in contrast to marriage witnesses who testify to the 'fact' this couple was married before us. It is important to understand the difference and distinction, especially legally.

    However, please provide my post where I made any accusation or insinuation of this type of common law marriage as being 'sinful'.

    First, I have not said a marriage MUST or only be performed by a clery or civil officaint. However you will find historically this done in ancient Jewish weddings and even pagan ones.
    With respect to ceremony then I would encourage you to read the scriptures some more. There are many I could lead you to and others in which I have already shown scripturally the imagery, but you might want to check out Jesus parable description of God the Father setting up His Son's wedding (Mat 22), The wedding of Cana, or The wedding found in Revelation. Remember that to marry, was to also be 'given in marriage' meaning someone having authority gave you over to be under the authority of another. Study up historically on ancient Jewish wedding, even pagan wedding and you will notably see it always being established by ceremnony. Marriage was an 'act' nor a statement or state of mind.

    This illistrates my point perfectly, that you don't have a clue as to what the issues are that are being discussed. You judged, and have judged incorrectly because your judgment is based upon assumption and presumption of the issues.
     
    #103 Allan, Mar 4, 2010
    Last edited by a moderator: Mar 5, 2010
  4. Marcia

    Marcia Active Member

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    Exactly.

    The point that it "debasing" to conventional marriage is a good one. I think that is what I'm trying to say as far as a Christian couple doing this.
     
  5. Allan

    Allan Active Member

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    I agree with you
     
    #105 Allan, Mar 5, 2010
    Last edited by a moderator: Mar 5, 2010
  6. BlessedWife

    BlessedWife New Member

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    My question is this - if a man and woman intend to "create the appearance of being married" why not just go to the courthouse or local church and take legal vows? It doesn't require a fancy ceremony. An officiate and eligible witnesses fulfill both legal and Scriptural obligations. Applying for a marriage license is simple and inexpensive. I suppose I have to disagree that simply stating intent is tantamount to making it official. Surely we would not be fine with a homosexual couple saying their intent is to be married, but the state won't legitimize their union, would we?

    In most states that honor common law marriage (which there are about as few as states that honor same-sex "marriage") the couple must show proof of cohabitation to a court official when signing an affidavit of intent to have a common law marriage. The only way a couple can prove cohabitation is to either live together out of wedlock or file for change of address while still living at their old address.

    Bottom line - most couples don't opt for a common law marriage. States used to issue a common law marriage status to couples who cohabitated a certain length of time, regardless of intent. I live down the road from a couple who are common law married. Georgia stopped honoring CLMs in 1997, but couples who were recognized prior to then were grandfathered in. They have four children together and simply became "married" by living together a number of years. He once said, "aw, heck, we don't need no stupid piece of paper to be married. It's easier this way."

    Quite frankly, how non-christians are living isn't something I lose much sleep over. If they asked me, I'd share my views, but I cannot hold them to Biblical standards. The problem I'm seeing is that there are too many Christians wanting to know how far they can go before being in sin instead of striving for holiness. You have Christian teens wanting to know if certain intimate acts are okay, so long as they don't go "all the way". They want to know if living together, or sleeping overnight, are okay so long as no intercourse takes place. You have people degrading marriage by saying "oh, it's only a piece of paper" or living under the sinful delusion that simply having intercourse and intending to be husband and wife makes them married in God's eyes. This is a lie from the devil! What about people who have multiple partners, but later repent? Are they polygamists in God's eyes?
     
  7. Aaron

    Aaron Member
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    A license is permission from a governing body to do something that without such permission would be illegal to do.

    A marriage license is just that, permission from the state to marry. It is permission, not merely a matter of certification. In other words, in states that require a marriage license there is a defacto prohibition on marriage. It is illegal to get married without getting permission from the state.

    A marriage license is also a contract with the state that makes the state a third party to the marriage.

    The couples I know announced their intent to marry, had a public ceremony, exchanged vows, signed documents, and went to live together. But they did not get a license for the sake of conscience, because they believe: 1) Prohibiting marriage is a doctrine of devils giving the state no right to deny it, and 2) They will not willingly sign a contract making the state a third party to their union.

    You still equate common law marriage with mere cohabitation. How many times does someone have to say something before it begins to sink in? Common law marriage is not mere cohabitation.
     
    #107 Aaron, Mar 6, 2010
    Last edited by a moderator: Mar 6, 2010
  8. Salty

    Salty 20,000 Posts Club
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    bottom line, I am not OK with common law marriage

    Salty
     
  9. Trotter

    Trotter <img src =/6412.jpg>

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    There's a reason we are equating the two, but you seemed to have missed it. You are arguing about couples who have gone through everything but getting a license through their state; we are talking about those who are living together and thus declared "common law" by the state. Two totally different subjects.

    Same here, brother.
     
  10. Marcia

    Marcia Active Member

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    However you see it, in most states, a license is required for a legal marriage and Christians are to obey the law. In states that allow common law marriage, this reason you cite to not make the state a 3rd party to the marriage sounds juvenile. I see not point in it except I guess the people who do it feel like they are making a statement.

    So what would they do in most states? Most states have done away with common law marriage because it's a relic of the past. Would they get a license?

    No, I don't. You are completely wrong. Find where I've said that. I haven't.
     
  11. Jerome

    Jerome Well-Known Member
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    From the OP:
    I believe that what they are OK with is "married people living together".
    Aren't you?
     
  12. Aaron

    Aaron Member
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    The commandment is to obey every ordinance of man. Marriage is a divine institution, and no Christian is to blindly obey any statute, especially in regard to divine institutions.

    It's no more juvenile than avoiding eating establishments that serve alcoholic beverages, nor the illegal marriages performed by St. Valentine. It's a matter of conscience and one's service to Christ.

    1) You're not their judge, and 2)They weren't "making a statement." They were getting married. What do you think? That the issue of common law marriage was expounded at the ceremony? In the wedding announcements? The only reason I know these weren't statutory marriages is because I am closely associated with these people.



    No. Two of the couples I mentioned married in a state that won't recognize their marriage.


    See Jerome's post above. Thanks, Jerome. That's why I asked her in my first post to define common law marriage before I respond to the poll. She doesn't really know what common law marriage is.
     
    #112 Aaron, Mar 7, 2010
    Last edited by a moderator: Mar 7, 2010
  13. Marcia

    Marcia Active Member

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    God has sent up governments/rulers to enforce laws, and we are told explicitly in at least 2 places in the NT and implicitly in other places to obey rulers and the laws. It is not blind obedience to get a marriage license in order to be legally married.


    So they aren't married then. That's a pretty sad witness for Christ assuming they are Christians, which I assume they are.

    Yes, I do know what it is, Aaron. I should have worded it more specifically - thought everyone would know what I meant. "Living together in a common law marriage" or "under common marriage laws of that state."

    However, from what I understand, you have just told me that you know 2 Christian couples who are living together without a marriage license in a state that does not recognize common law marriage. I will not say they are married; they are not if they are in a state that requires a license and they did not get one.
     
  14. Aaron

    Aaron Member
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    It's a matter of conscience. The state is not the author of marriage, and can only protect married couples. It cannot forbid it, which is what it is doing when it requires one to have its permission before they marry. The license also makes the state a third party to the marriage contract.

    God also commands you to obey your parents. If you marry against your parents' wishes are you really married?

    No, you don't. If you did, you wouldn't look to a state's statutes to study it. But I've told you this before, so I guess there's no more to say.

    You're not their judge.
     
    #114 Aaron, Mar 8, 2010
    Last edited by a moderator: Mar 8, 2010
  15. Marcia

    Marcia Active Member

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    It's not a matter of conscience when the Bible tells us to obey the laws. I have no respect for Christians who flout the law like this. The government - surprise - is a party to everything because we are to obey the government. This is from God, not from me.

    That has to do with being a minor. N/A

    Of course, Aaron, you don't even think women have the right to vote, so I shouldn't be surprised you endorse marriage without a license in states that require it. It's very fringe.
     
  16. Aaron

    Aaron Member
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    This is not true. It's power to enforce a contract and protect the parties thereof does not make itself a party to the contract. The marriage license, however, is a contract with the state. You should abstain from making up your own facts in an attempt to gain the high ground in an argument.

    No, it's from you.

    Where's that in the Scripture? You're argument was that the Scriptural admonition to obey the government is essential to the validity of a marriage. But you don't think that the Scriptural admonition to obey one's parents does the same thing? You really haven't thought this through, now yer reachin'.

    Cheap shot. You brought a knife to a gunfight and are smarting for it. I endorse government protection of marriage, but when it says it's a third party to the union then the line is getting blurred somewhere. For the couples I know, it's a line that couldn't be crossed.

    And you have obviously forgotten this thread: http://www.baptistboard.com/showthread.php?t=62527
     
  17. Marcia

    Marcia Active Member

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    However you may see this, you are okay with Christians declaring themselves man and wife without a license in states that do not allow common law marriage. If the law requires a marriage license, Christians are supposed to obey that. And yes, that is from God, Rom. 13 and other passages. We are to subject ourselves to the government and not be in rebellion. This was said to Christians living under very pagan governments much more corrupt than anything we know of here.

    A man leaves his family and cleaves unto his wife. There is no scriptural admonition to obey parents as adults;we are to honor them, but that is not the same. That is off topic - if you want to start a discussion on that, please start another thread.
     
    #117 Marcia, Mar 10, 2010
    Last edited by a moderator: Mar 10, 2010
  18. Karen

    Karen Active Member

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    I haven't read anything but the last page here, so I may be repeating some things.

    I have to agree with Marcia here.
    I would also add that I very much want some regulation of marriage.
    If the state has no regulation of marriage, then it cannot forbid marriage however the individuals involved define it.
    I think that in order to marry, there should be a minimum age, no coercion, and proof of identity.
    In addition to marriage issues regarding homosexuality, I also don't want polygamous marriages. That would happen in Oklahoma without regulation by the state. I also don't want some 60 year old man marrying a 15 year old girl just because her crazed parents think it is a good idea.

    Getting married legally protects the children born afterwards. People die. Some become disabled. They need to plan ahead and do what protects their children in inheritance issues. Men have the danger of the second boyfriend raising their children with precious little input from them.
     
  19. Baptist Believer

    Baptist Believer Well-Known Member
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    Isaac took Rebekkah into his tent and consummated their relationship (Genesis 24:67). They began to live as husband and wife from that point onward. The Hebrew gives no hint of any formal ceremony, unless the act of consummation was ritualized somehow.

    Do you think that was a "biblical marriage"?
     
  20. matt wade

    matt wade Well-Known Member

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    Obviously it was a "biblical marriage". Didn't you read the other 66 verses in that chapter?
     
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