Newsletter
Volume 2 - Issue 7

The Florida League of the South

Should A Christian Obtain A Marriage License?

Every year thousands of Christians amble down to their local county courthouse and obtain a marriage license from the State in order to marry their future spouse. They do this unquestioningly. They do it because their pastor has told them to go get one, and besides, "everybody else gets one."

Actually, the definition of a "license" demands that we not obtain one to marry. Black's Law Dictionary defines "license" as:

In Constitutional Law, and in the Law of Contracts.
A permission, accorded by a competent authority, conferring
the right to do some act which without such authorization would be illegal, or would be a trespass or a tort."
                    --Black's Law 3rd edition (1933)

We need to ask ourselves- why should it be illegal to marry without the State's permission? More importantly, why should we need the State's permission to participate in something instituted by God? We should not need the State's permission to marry nor should we grovel before state officials to seek it. What if you apply and the State says "no"? You must understand that the authority to license implies the power to prohibit. A license by definition "confers a right" to do something. The State itself cannot grant the right to marry. It is a God-given right.

When you marry with a marriage license, you grant the State jurisdiction over your marriage. When you marry with a marriage license, your marriage is a creature of the State. It is a corporation of the State! Therefore, they have jurisdiction over your marriage including the fruit of your marriage. What is the fruit of your marriage? Your children and every piece of property you own. There is plenty of case law in American jurisprudence which declares this to be true.

In 1993, parents in Wisconsin were upset because a test was being administered to their children in the government schools which was very invasive of the family's privacy. When parents complained, they were shocked by the school bureaucrats who informed them that their children were required to take the test by law and that they would have to take the test because they (the government school) had jurisdiction over their children. When parents asked the bureaucrats what gave them jurisdiction, the bureaucrats answered, "your marriage license and their birth certificates." Judicially, and in increasing fashion, practically, your state marriage license has far-reaching implications.

When you marry with a marriage license, you place yourself under a body of secular law. By obtaining a marriage license, you place yourself under the jurisdiction of Family Court which is governed by unbiblical and often immoral laws. Under these laws, you can divorce for any reason and spouses are generally ordered not to speak about the Bible or other matters of faith when present with the children.

To marry someone with a marriage license a minister would have to act as an agent of the State and would have to sign the marriage license, and mail it into the State. Given the State's demand to usurp the place of God and family regarding marriage, and given it's unbiblical, immoral laws to govern marriage, it would seem an act of treason do so.

The marriage license invades and removes God-given parental authority. In our Bible, we see that God intended for children to have their father's blessing regarding whom they married. Daughters were to be given in marriage by their fathers (Dt. 22:16; Ex. 22:17; I Cor. 7:38). We have a vestige of this in our culture today in that the father takes his daughter to the front of the altar and the minister asks, "Who gives this woman to be married to this man?"

Historically, there was no requirement to obtain a marriage license in colonial America. When you read the laws of the Colonies and then the States, you see only two requirements for marriage. First, you had to obtain your parents permission to marry, and second, you had to post public notice of the marriage 5-15 days before the ceremony.

Notice you had to obtain your parents permission. Back then you saw godly government displayed in that the State recognized the parents authority by demanding that the parents permission be obtained. Today, the all-encompassing ungodly State demands that their permission be obtained to marry.

By issuing marriage licenses, the State is saying, "You don't need your parents permission, you need our permission." From the State's point of view, when you marry with a marriage license, you are not just marrying your spouse, but you are also marrying the State.

One of the most blatant declarations of this fact is a brochure entitled "With This Ring I Thee Wed." It is found in county courthouses across Ohio where people go to obtain their marriage licenses. It is published by the Ohio State Bar Association. The opening paragraph under the subtitle "Marriage Vows" states, "Actually, when you repeat your marriage vows you enter into a legal contract. There are three parties to that contract. 1.You; 2. Your husband or wife, as the case may be; and 3. the State of Ohio."

Amazingly, the State and the lawyers know that when you marry with a marriage license, you are not just marrying your spouse, you are marrying the State! This would be akin to polygamy! You are not just making a vow to your spouse, but you are making a vow to the State and your spouse. You are also giving undue jurisdiction to the State.

When Does the State Have Jurisdiction Over a Marriage?

God intended the State to have jurisdiction over a marriage for two reasons - 1). in the case of divorce, and 2). when crimes are committed i.e., adultery, bigamy, abuse. etc. Unfortunately, the State now allows divorce for any reason.

In either case, divorce or crime, a marriage license is not necessary for the courts to determine whether a marriage existed or not. What is needed are witnesses. This is why you have a best man and a maid of honor. They should sign the marriage certificate in your family Bible, and the wedding day guest book should be kept.

Marriage was instituted by God, therefore it is a God-given right. According to Scripture, it is to be governed by the family, and the State only has jurisdiction in the cases of divorce or crime.

So, how did we come to this place in America where marriage licenses are issued?

Historically, all the states in America had laws outlawing the marriage of blacks and whites. In the mid-1800's, certain states began allowing interracial marriages or miscegenation as long as those marrying received a license from the state. In other words they had to receive permission to do an act which without such permission would have been illegal.

Blacks Law Dictionary points to this historical fact when it defines "marriage license" as, "A license or permission granted by public authority to persons who intend to intermarry." "Intermarry" is defined in Black's Law Dictionary as, "Miscegenation; mixed or interracial marriages."

Give the State an inch and they will take a 100 miles. So, not long after these licenses were issued, some states began requiring all people who marry to obtain a marriage license. In 1923, the Federal Government established the Uniform Marriage and Marriage License Act (they later established the Uniform Marriage and Divorce Act). By 1929, every state in the Union had adopted marriage license laws.

Christian couples should not be marrying with State marriage licenses, nor should ministers be marrying people with State marriage licenses. Some will ask, "If someone is married without a marriage license, are they really married?" Given the fact that states may soon legalize same-sex marriages, we need to ask ourselves, "If a man and a man marry with a State marriage license, and a man and woman marry without a State marriage license - who's really married? Is it the two men with a marriage license, or the man and woman without a marriage license? In reality, this contention that people are not really married unless they obtain a marriage license simply reveals how Statist we are in our thinking. We need to think biblically.

You should not have to obtain a license from the State to marry someone anymore than you should have to obtain a license from the State to be a parent, which some in academic and legislative circles are currently pushing to be made law. Use your Family Bible which contains birth and death records, and a marriage certificate and record the marriage in the Family Bible. What's recorded in a Family Bible will stand up as legal evidence in any court of law in America.

Thanks to Pastor Matt Trewhella


Internet Links of Educational interest:

The Battle America Lost in 1913

http://iresist.com/cbg/battle.html

The Litmus Test for American Conservatism

 http://www.coolchange.net/freedomfirst/dw1.htm

State's Rights and the Nullification Theory

http://www.unknowncivilwar.com/states%20rights.htm


Historical Quiz

Understanding the need for better mail delivery and communication between the American Colonies, Britan's King George appointed the first Postmaster General in 1751.

Who was the patriot who accepted this position from the British Crown and later became a leader in American History?

Email your answer to mailto:NEFLOS@net-host.net.  The first correct answer will win a free Florida State Flag, suitable for outdoor display of your patriotism
 

Answer to last quiz: Franklin Delano Roosevelt

Many good answers were received, but no one picked correctly 


Let us hear from you

We welcome your input. If there is a subject you are particularly interested in, please let us know.

Email us at Letters From Our Readers   We will feature your concerns in a future issue.    


The League of the South seeks to advance the cultural, social, economic, and political well-being and independence of the Southern people by all honorable means.

For information on how you can help restore your freedom and responsibile government, and learn the truth about the history of our country, its founders and its documents, contact the League of the South at NEFLOS@net-host.net

Get the facts they don't teach you in school .

 

 

You be the judge

One of our biggest problems is that we (the States) no longer have a republican form of government as guaranteed by the constitution. The 17th amendment took away from the states their direct representation in the federal system.

How many times have you had your U.S. Senators approach you and discuss impending legislation with you?

Even though you voted for them, they probably have not contacted you even once. But how many times do you suppose they contacted Enron about impending legislation. Enron and other corporations financed their campaigns, to the tune of millions of dollars, to get you to vote these senators into office. You can safely bet that your U.S. Senators discuss impending legislation with these corporations on a routine basis.

How often do your U.S. Senators discuss federal affairs with your state legislator? Is there a state legislator who, in recent years has been contacted by their U.S. Senator regarding federal affairs?

Prior to the enactment of the 17th Amendment to the U.S. Constitution the U.S. Senators discussed federal affairs with their state legislators on a regular basis. At that time U.S. Senators did not have to raise millions of dollars to run for office. They were not beholden to the large corporations.

There is no way our U.S. Senators are going to personally discuss federal affairs with, and handle the input from, 16.000,000 Floridians. The only choice we should have before us today is to have them discuss our federal affairs with the State Legislatures as opposed to the large corporations. And as originally included in the U.S. Constitution, the people of the states will continue to enjoy the right to vote for their U.S. Representatives.

What is the 17th Amendment?

Prior to the adoption of the 17th Amendment to the United States Constitution, the United States Senators were elected by the State Legislatures. According to the U.S. Constitution, Article 1, Section 3, Clause 1:

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

At the time the Constitution was written, the United States Representatives were to represent the people and were to be elected by popular vote. The United States Senators were to represent the States and were to be elected by the State Legislatures.

The 17th Amendment changed the United States Constitution and took away the States representation in our United States government. It states:

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications required for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Since Representatives in the House are elected by the general population of a state, they represent the individual citizens of the state. People have different anxieties and desires as individuals than they do collectively as a state. In fact, most individual citizens are not even aware of what the state must do to protect its people and their rights.

Why should we repeal the 17th Amendment?

There are 2 main reasons to repeal the 17th Amendment. These reasons are: Campaign Finance Reform and to protect States' Rights.

Campaign Finance Reform:

The sad state of the union is that money talks and public policy is sold to the highest bidder. Less than one-tenth of 1 percent of the U.S. population gave 83 percent of all campaign contributions in the 2002  elections. Those who give money in political contributions get back billions in tax breaks, subsidies and the right to exploit public land at ridiculously low prices. This system in turn costs ordinary Americans billions of dollars, not to mention the costs to health, safety and the environment, and the cost of not having enough money for good schools. For example, the top corporations that paid zero taxes from 1996 to 1998 included AT&T, Bristol-Myers Squibb, Chase Manhattan, Enron, Exxon Mobil, General Electric, Microsoft, Pfizer and Phillip Morris. They gave $150.1 million to campaigns from 1991 to 2001. Public Campaign reports show they got $55 billion in tax breaks from 1996 to 1998 alone, perennial legislation  to gut the alternative minimum tax and billions in rebates to select  corporations.(Molly Ivins, Fort Worth Star Telegram)

With the original Constitutional provisions before the 17th Amendment, the U.S. Senate was to be a check on Congress to prevent them from dipping into the National treasury to buy votes. But since the passage of the 17th Amendment, rather than being appointed by the State Legislatures, they too must run expensive election campaigns and, instead of checking the problem, they are now part of the problem.

Protecting States' Rights

James Madison thought that the States should be active participants in the Federal Government. He said:

"Whenever power may be necessary for the national government, a certain portion must be necessarily left with the states, it is impossible for one power to pervade the extreme parts of the United States so as to  carry equal justice to them. The state legislatures also ought to have some means of defending themselves against the encroachments of the national government. In every other department we have studiously endeavored to provide for its self-defense. Shall we leave the states alone un-provided with the means for this purpose? And what better means can be provided than by giving them some share in, or rather make them a constituent part of, the national government?"

Since the enactment of the 17th Amendment, the States have been reduced from an equal partner with the Federal Government to a common lobbyist, which has resulted with the loss of State Sovereignty, State Rights and a host of Federal mandates, some funded and some unfunded.  This leaves all our States, including our beloved Florida, in a precariously vunerable position.

Many states must hire a lobbyist in Washington D.C. in order to protect their state's interests. Prior to the adoption of the 17th Amendment this would have been unnecessary.

If the responsibility of electing our U.S. Senators was returned to the State Legislatures, the cost of campaigns would be much lower. It obviously costs less to influence 160 Florida Legislators than it costs to influence the voters in a state of 16,000,000 people.  Rather than paying back the Legislatures in tax breaks, subsidies and  lands to be exploited, the Federal Government would consider the will of the various state governments when making its laws. We would not have mandates being imposed upon us by the federal government. This is your money!

Why Won't We Have The Same Problems That Brought Us The 17th Amendment?

There were 2 main reasons the 17th Amendment was adopted in 1913.

One was the deadlock of State Legislatures when electing U.S. Senators.

The other was the corruption of the State Legislators.

What Is Our Protection Today?

Our protection from corrupt State Legislatures are: Term limits; Campaign disclosure statements; Open Caucuses; and the fact that we now have highly visible public information.

Our protection from dead-locked State Legislatures is the provision that if a State Legislature does not fill a vacancy or elect a U.S. Senator within 30 days, the Governor of that State shall appoint the U.S. Senator.

Repealing this amendment has historic and fundamental ramifications that go back to our founding fathers. We should not be impeded from following the patriotism and wisdom of our Constitution's framers.

Return control to the States or leave it in the hands of corporate giants? It's your money and your future.

You be the judge!

Thanks to Jerry O'Neil, State Senator, Montana for the inspiration


 How's your knowledge of Florida History

July 27, 1816   Two hundred and seventy Negroes and Indians were killed by a direct hit on a powder magazine by United States troops invading Florida. The so-called "Negro Fort," now called Fort Gadsden, was located on the Apalachicola River.

August 3, 1763   Spain transfers title to Florida to Britain in exhange for the return of the City of Havana, Cuba, which had been captured when Spain allied itself with France in the French and Indian War. Britain controlled Florida from 1763 until 1783, when it again became a Spanish possession at the end of the American Revolution.

August 8, 1967   Voters in Duval County and Jacksonville approved the consolidation of both units of government by a 2-1 margin. Jacksonville thus became the largest city in Florida, according to acreage.


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