The Marriage Game II (2006) | Talismaniac.org -


The Marriage Game II (2006)
By Steve Stone

The more things change, the more they stay the same.  In the last year or so, there was so much controversy about marriage laws that the State of North Carolina actually changed the laws!  While changing the laws is not unheard of, it is very rare that it actually happens without major debates and delays.

However, the quiet changes in the law 

NC changed the statute on marriages after a ULC lawsuit.  It no longer excludes ULC marriages.

the new statute (pasted from the general assembly pages):

 511.  Requisites of marriage; solemnization. 

A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either:

(1)      a.         In the presence of an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate; and

b.         With the consequent declaration by the minister or magistrate that the persons are husband and wife; or

(2)       In accordance with any mode of solemnization recognized by any religious denomination, or federally or State recognized Indian Nation or Tribe.

Marriages solemnized before March 9, 1909, by ministers of the gospel licensed, but not ordained, are validated from their consummation. (18712, c. 193, s. 3; Code, s. 1812; Rev., s. 2081; 1908, c. 47; 1909, c. 704, s. 2; c. 897; C.S., s. 2493; 1945, c. 839; 1965, c. 152; 1971, c. 1185, s. 26; 1977, c. 592, s. 1; 200058, ss. 1, 2; 200114, ss. 1, 2; 200162, ss. 1, 17; 2002115, ss. 5, 6; 2002159, s. 13(a); 20034, s. 1.)

The Old Law:

Chapter 51.

                            Marriage.

                         Article 1.

                       General Provisions.

§ 51-1.  Requisites of marriage; solemnization.

  A valid and sufficient marriage is created by the consent

of a male and female person who may lawfully marry, presently to

take each other as husband and wife, freely, seriously and

plainly expressed by each in the presence of the other, either:

       (1)      a.   In the presence of an ordained minister

                 of any religious denomination, a minister

                 authorized by a church, or a magistrate; and

            b.   With the consequent declaration by the

                 minister or magistrate that the persons are

                 husband and wife; or

       (2)  In accordance with any mode of solemnization

            recognized by any religious denomination, or

            federally or State recognized Indian Nation or

            Tribe.

Marriages solemnized before March 9, 1909, by ministers of the

gospel licensed, but not ordained, are validated from their

consummation. (1871-2, c. 193, s. 3; Code, s. 1812; Rev., s.

2081; 1908, c. 47; 1909, c. 704, s. 2; c. 897; C.S., s. 2493;

1945, c. 839; 1965, c. 152; 1971, c. 1185, s. 26; 1977, c. 592,

s. 1; 2000-58, ss. 1, 2; 2001-14, ss. 1, 2; 2001-62, ss. 1, 17;

2002-115, ss. 5, 6; 2002-159, s. 13(a); 2003-4, s. 1.)


§ 51-1.1.  Certain marriages performed by ministers of

       Universal Life Church validated.

  Any marriages performed by ministers of the Universal

Life Church prior to July 3, 1981, are validated, unless they

have been invalidated by a court of competent jurisdiction,

provided that all other requirements of law have been met and

the marriages would have been valid if performed by an official

authorized by law to perform wedding ceremonies. (1981, c. 797.)

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