Laws which tend to surround marriage with a reasonable amount of
formality and publicity are, in general, desirable eugenically. They
tend to discourage hasty and secret marriages, and to make matrimony
appear as a matter in which the public has a legitimate interest, and
which is not to be undertaken lightly and without consideration. Laws
compelling the young to get the consent of their parents before marriage
are to be placed in this category; and likewise the German law which
requires the presentation of birth-certificates before a marriage
license is issued.
A revival under proper form of the old custom of publishing the banns is
desirable. Undoubtedly many hasty and ill-considered marriages are
contracted at the present time, with dysgenic results, which could be
prevented if the relatives and friends of the contracting parties knew
what was going on, and could bring to light defects or objections
unknown or not properly realized by the young people. Among other
states, Missouri has recently considered such a law, proposing that each
applicant for a marriage license be required to present a certificate
from a reputable physician, stating in concise terms the applicant's
health and his fitness to marry. Notice of application for a marriage
license shall be published in a daily paper three consecutive times, at
the expense of the county. If at the expiration of one day from the
publication of the last notice, no charges have been filed with the
recorder alleging the applicants' unfitness to marry, license shall be
granted. If objection be made by three persons not related in blood to
each other, on the ground of any item mentioned in the physician's
certificate, the case shall be taken before the circuit court; if the
court sustains the objection of these three unrelated persons, a license
to wed shall be denied; if the court overrules the objection, the
license shall be granted and court costs charged to the objectors.
Public-domain text, read in full here on John Shaqi.
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