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If they are recognized by the American court system, must they have a marriage license filed or is it enough for them to have gone through the ceremony and have witnesses to their marriage?

2006-07-17 09:58:09 · 2 answers · asked by Mrs.King 6 in Politics & Government Law & Ethics

Yes, I am referring to American Indians.While I am asking, why are they legally bound by the marriage laws of the USA? Wasnt' this their country first?I think they should be allowed to make their own marriage laws.

2006-07-17 10:09:13 · update #1

2 answers

I'm assuming you are asking about American Indian (Native American) ceremonies and not Indian (i.e., from India).

Marriage requirements vary from state to state. Usually, no special words are required to be spoken as long as the spouses-to-be acknowledge their intention to marry each other. This allows for considerable flexibility in designing a ceremony. Some states require blood tests, others don't. And while it is customary to have witnesses to the marriage, not all states require them.

I myself was married in a Cherokee ceremony in a Southeastern state. Since I'm not a Cherokee, a marriage license from the county clerk was required and I had to have signatures from the officiant and two witnesses.

Cherokee couples, on the other hand, are bound by the laws of the Cherokee Nation, itself a sovereign nation, instead of the state's marriage laws. The couple is not required to obtain a license from the county clerk, but an officiant licensed by the Cherokee Nation must request a certificate from the clerk of the Cherokee Nation District Court. After the ceremony, he or she returns it, signed by all parties, to the same court, and this makes the marriage legal.

2006-07-17 10:04:34 · answer #1 · answered by Anonymous · 0 0

Marriage is an institution of God, who cares if the government recognizes it. What God has given let no man take away. That includes governments.

2006-07-17 10:08:59 · answer #2 · answered by Alan S 7 · 0 0

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