UncategorizedOctober 27, 2025October 27, 2025Camden Alchanati

Marriage is one of humanity’s oldest institutions — yet its meaning, legality, and cultural importance have evolved dramatically in the United States and particularly in California. From colonial unions rooted in property and religion to the modern movement for marriage equality and same-day legal weddings offered by GetMarried.Today, this is the story of how marriage became what it is today.

1. The Early American Concept of Marriage (1600s–1700s)

In colonial America, marriage was as much a civil contract as a sacred vow. The colonies inherited English common law, which treated marriage as a legal union tied to property rights, inheritance, and legitimacy of children.

Puritan settlers in Massachusetts Bay required marriages to be performed by civil magistrates — not priests.
Colonial Virginia, however, followed Anglican traditions where church weddings were the norm.
Divorce was rare and typically required legislative approval.

During this period, marriage licenses didn’t exist as we know them today. Couples often published banns or obtained parental consent. The concept of state-issued marriage licenses only began spreading in the 19th century.

Learn more about modern California marriage licenses through GetMarried.Today’s Same-Day Marriage License Service.

2. Marriage in the 19th Century: Property, Race, and Reform

The 1800s brought sweeping social and legal changes to marriage in the U.S.

a. Coverture Laws and Women’s Rights

Under coverture, a wife’s legal identity merged with her husband’s. Married women couldn’t own property, sign contracts, or control earnings.

California, upon joining the Union in 1850, broke from this norm by adopting community property laws inherited from Spanish and Mexican legal systems. These laws recognized a wife’s equal ownership of marital assets — a radical step for the era.

Today, those same principles underpin property division during divorce in the Golden State.

For more details on notarized prenuptial agreements and property transfers, see Your Local Notary Public.

b. Anti-Miscegenation Laws

Throughout the 1800s, many states outlawed interracial marriage.

California prohibited marriages between white citizens and people of African, Asian, or Native descent.

It wasn’t until 1948, in the landmark case Perez v. Sharp, that the California Supreme Court struck down these bans — nearly 20 years before the U.S. Supreme Court’s ruling in Loving v. Virginia (1967).

That case made interracial marriage legal nationwide and marked one of the earliest victories for marriage equality in America.

Learn how international couples can now legally marry in California with Get Married Today’s International Marriage Services.

3. The Role of Religion and Civil Authority

For much of U.S. history, clergy performed most marriages. However, California’s Constitution explicitly placed marriage under civil jurisdiction — meaning only the state could define or regulate it.

That’s why California couples today can have:

A civil ceremony performed by a county clerk or authorized officiant.
A religious ceremony performed by clergy.
Or both.

To get legally married with a same-day ceremony and license issued on-site, book an appointment at GetMarried.Today — available in Orange County, Los Angeles, and San Diego.

4. Marriage in the Progressive Era (1900–1940)

As the U.S. industrialized, marriage began reflecting new ideas about romance, gender, and equality. Women entered the workforce, birth control became a public issue, and the average age of marriage slowly rose.

In California:

County clerks began recording marriage licenses systematically.
The California Family Law Act of 1905 standardized marriage and divorce records statewide.
The idea of “companionate marriage” — based on love and mutual respect rather than economics — grew in popularity.

If you’re researching marriage records for dual citizenship or genealogy, Orange County Apostille can authenticate historical certificates for international use.

5. Marriage After World War II: Love, Law, and Civil Rights

The post-war era redefined marriage as a symbol of American stability. Yet beneath the surface, societal change was brewing.

1950s: Traditional gender roles dominated; women were encouraged to marry young.
1960s–1970s: The sexual revolution, feminist movement, and legal reforms reshaped family life.

California again led the nation by introducing no-fault divorce in 1969 — the first state to do so. Instead of proving wrongdoing, couples could end marriages based on “irreconcilable differences.”

This was a groundbreaking recognition that love, not obligation, defines modern marriage.

Learn about California’s current marriage and divorce certificate apostille process at Orange County Apostille – Certified Marriage Apostille Services.

6. Same-Sex Marriage and the Modern Equality Movement

No chapter in marriage history is as pivotal as the struggle for LGBTQ+ rights.

a. Proposition 22 and Proposition 8

In 2000, California passed Proposition 22, defining marriage as between a man and a woman.

Eight years later, the California Supreme Court briefly legalized same-sex marriage — before voters passed Proposition 8, banning it again.

Between 2008–2013, thousands of couples married in legal limbo.

b. Federal Recognition

In 2013, the U.S. Supreme Court’s decision in United States v. Windsor struck down the Defense of Marriage Act.

Then in 2015, Obergefell v. Hodges made same-sex marriage legal nationwide.

Today, California proudly recognizes all marriages equally, whether opposite-sex or same-sex, with no residency requirement — meaning even out-of-state and international couples can marry legally within hours.

See GetMarried.Today – LGBTQ+ Marriage Services for full details.

7. The Digital Era: Marriage Meets Technology

Since the 2020s, technology has revolutionized how couples marry:

Online marriage applications
Remote notarization and video identity verification
Instant digital record requests
Same-day mobile weddings at homes, beaches, or hospitals

California allows authorized private services like Get Married Today to issue official marriage licenses on-site — no county office visit required.

That means couples can:

Obtain their marriage license
Have a legal ceremony
File with the county — all in one appointment.

For apostilles or translations of your marriage certificate for use abroad, visit Your Local Notary Public or Orange County Apostille.

8. Marriage in California Today

California’s marriage laws reflect both freedom and formality:

Legal age: 18 + (16 with court approval)
No waiting period
No blood test
No residency requirement
Confidential marriage option (available only in California)

Confidential marriage licenses, unique to California, keep the couple’s marriage record private — accessible only by the spouses themselves.

Learn more at GetMarried.Today – Confidential Marriage Licenses.

9. How California Continues to Lead in Marriage Services

California remains the nation’s innovator in marriage convenience:

Mobile officiants and license issuers travel statewide 7 days a week.
Same-day legalization is possible in less than an hour.
International couples can obtain apostilles immediately after their wedding for use abroad.

Whether you’re planning a hospital wedding, beach elopement, or military marriage before deployment, Get Married Today provides the fastest, fully legal solution.

Couples can also authenticate their marriage certificates for overseas recognition through:

10. Looking Forward: The Future of Marriage

As society continues to evolve, marriage will keep adapting — embracing technology, inclusivity, and convenience.

With companies like Get Married Today, couples can combine:

Legal efficiency
Personalized ceremonies
Immediate documentation
Global recognition via apostille

What began as a religious and property contract has become a celebration of love, equality, and choice.

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25 Frequently Asked Questions About Marriage History & Laws

1. When did marriage become a civil institution in the U.S.?

Marriage shifted from a purely religious act to a civil contract during the colonial era when civil authorities began issuing licenses.

2. What is California’s community property law?

It means both spouses equally own all assets acquired during marriage — based on old Spanish legal traditions.

3. When was interracial marriage legalized in California?

In 1948, through the Perez v. Sharp decision.

4. What was the first state to allow no-fault divorce?

California, in 1969.

5. Can same-sex couples legally marry in California?

Yes. Same-sex marriage has been fully legal since 2013 and federally recognized since 2015.

6. Do I need to be a California resident to get married there?

No. Out-of-state and international couples can marry legally in California.

7. What is a confidential marriage license?

A private record only accessible by the spouses — unique to California.

8. How long does it take to get a marriage license in California?

Instantly, through authorized issuers like Get Married Today.

9. Are online marriages valid in California?

Only if issued by a state-authorized officiant in compliance with local law.

10. What documents are needed for a California marriage?

Valid government ID for both parties; no birth certificate or witnesses required for some services.

11. Can a notary public perform a wedding?

Not in California unless they are separately authorized as an officiant.

12. Is there a waiting period to remarry after divorce?

Once the divorce is final, you can remarry immediately.

13. Can foreign citizens marry in California?

Yes, as long as they have valid identification (passport, visa, etc.).

14. How are marriage records certified for use abroad?

Through an apostille from the California Secretary of State or Orange County Apostille.

15. What is an apostille?

A form of international certification verifying public documents for use in Hague Convention countries.

16. Are California marriages recognized worldwide?

Yes, once properly apostilled and translated if necessary.

17. Can military members get married quickly in California?

Yes, Get Married Today offers expedited same-day services for active duty members.

18. Can couples marry in hospitals or nursing homes?

Yes. Authorized officiants travel statewide — see Get Married Today – Hospital Weddings.

19. Is there a minimum age to marry in California?

Yes, 18 without court approval; 16–17 with judicial consent.

20. Can I change my name after marriage?

Yes. The marriage certificate serves as legal proof for name change.

21. Do I need witnesses at my wedding?

Public licenses require one witness; confidential ones do not.

22. Can marriage certificates expire?

No, once filed, they are permanent public records.

23. How do I get extra certified copies?

Order directly from the county clerk or via Orange County Apostille for international use.

24. How do I legalize my U.S. marriage for use abroad?

Obtain an apostille or consular legalization.

25. Where can I book a same-day marriage in California?

At GetMarried.Today — serving all of Southern California 7 days a week