It’s Getting Steamy Up In Here! (Or What do Yoni Steaming and Seances Have in Common?)

There are some episodes of SSW, that I simply have no comments for.  Words fail me.

Between yoni steaming and getting text messages from dead people (you can’t make this stuff up – fact is stranger than fiction!),  I am forced to bow in humility before TLC and confess that I am not worthy to be reality TV material.

yoni steam

I went to Mitch and Aspyn’s wedding reception.

I watch every episode of Seeking Sister Wife, but I still haven’t gotten around to watching Sister Wives.  My friend texted me this evening and told me she saw us on the Sister Wives episode that showed Mitch and Aspyn’s wedding, so I figured I should write about it.  One of these days I’ll probably sit down and watch the episode.

The invitation had a cool wax seal with the letter “T” on it (for Thompson).  I was interested to see that the bride’s name was “Aspyn Kristine Brown.”  I wonder what the story is behind the middle name.  I suppose her mom, Christine, wanted to name her daughter after herself, but without spelling it the same?

I was surprised to realize the reception was on Father’s Day; that seems like such a strange day for a wedding.  But later I was told that the venue they wanted to rent for the reception was booked solid except for Father’s Day, so they went with it.

My sister got married on her birthday.  That seems even stranger than getting married on Father’s Day.   But it’s a bummer for my sister now that she’s divorced.  C’est la vie.

Interestingly enough, a polygamous husband in one of the reality TV shows was married to one of his wives on her birthday, and they are also now divorced.  You’re not going to believe this, but not only were both my sister and my friend married on their birthday, but they also have their birthdays on the same day!  Weird!  Don’t get married on your birthday, especially if your birthday is June 19th!

We know the Browns as well as Mitch.  We also know all of Mitch’s siblings, including Vanessa Alldredge from Seeking Sister Wife (she actually stayed at our house when they were in town for the wedding).  Half of Mitch’s siblings are polygamists and half are not.  He’s the tie-breaker to tip the scale towards monogamy.

We have attended other events that were being filmed for reality TV.  One of them was an event for the Briney family from the first season of Seeking Sister Wife.  The event was a Meet ‘n’ Greet for Lenny, the newborn baby of Drew Briney’s third wife Angela.  We were required to meet TLC employees in a parking lot a mile away from the Brineys’ house, sign a contract, and get our photos taken, before being allowed in the car that would shuttle us to the actual site.  I don’t remember what the paperwork said, altho I did take a picture of it so I could go back and reread it if I ever wanted to.  I remember it was several pages and after I signed it I had to hold it in front of my body while the network took a photo of me, mug shot style.  (The Meet ‘n’ Greet never aired, presumably because the Briney family provided enough other drama that the footage wasn’t needed.  Angela told me she was disappointed that TLC focused so much on the bad stuff instead of showing one of the beautiful themes available to them: the miracle of Lenny’s conception; the footage of his birth; the visit of his namesake, Angela’s father; and his Meet ‘n’ Greet.)

One of the things I remember from Lenny’s Meet ‘n’ Greet was that we arrived, put our gifts in the designated spot, talked to people, went inside the house, used the bathroom, chatted with Drew’s mom, asked if any help was needed with the food, etc., all before any filming took place.  Then, when the film crew was finally ready, and more than an hour after the event was scheduled to begin, all the guests had to “leave” the party and then enter again, on camera this time, as if we had just arrived.  That part felt fake, for sure.  But most of the event felt normal, besides being surrounded by cameras, microphones, and film crew.  Joshua was asked to give the opening prayer.  We sat at the table with Jeff Alldredge’s daughter.  If I remember right, at that point TLC wasn’t open about the Alldredges knowing the Brineys, it was hush-hush, and Jeff’s daughter wasn’t allowed to show her face in the Alldredge scenes because she had been filmed in the Briney parts of the show.  In fact, the Alldredges weren’t even allowed to attend the Meet ‘n’ Greet, despite their being very close to Angela Briney.  (As an example of how good of friends they are, I’ll tell you, I went to visit Angela when Lenny was less than a week old.  As I pulled up to the house Angela shared with April Briney, the Alldredges came out and walked to their truck.  I asked them, “Oh, did you come to meet the new baby?” and they answered that this wasn’t their first visit, that they’d already been to visit Angela several times since Lenny was born.)  After Seeking Sister Wife aired for the first time, of course it came out that the Brineys and Alldredges know each other, and the control TLC tried to have over the families seemed extra ridiculous.

Anyway, back to the wedding reception.  I was expecting the same level of red tape at Mitch and Aspyn’s wedding reception that we had to go thru at the Lenny Briney’s Meet ‘n’ Greet, but I was disappointed.  I actually had intended to take pictures of the contract and compare it to the earlier one.  The invitation to the Briney event warned us that it was going to be filmed for reality TV; the invitation to the Brown event did the same.  But when we showed up to the wedding reception, we weren’t asked to sign any contracts, and I don’t remember seeing any signs posted, except for this small sign I noticed by the entrance as we were leaving:

sign posted
The only notice that the wedding reception was being filmed for TV.  (We didn’t have to sign a contract this time.)

When we arrived at the wedding reception, we paid $6 for the required valet parking and walked around the outside of the building.  There’s a vineyard, so since we’re interested in wine (we make our own sacramental wine, and we even teach wine-making classes) we took our time looking at the grape vines.

Actually, while I’m on the subject of wine-making, I will take another detour to the Brineys and Alldredges.  We like to take credit for Angela marrying Drew Briney because of the events surrounding how they met.  We were teaching a wine class at the Alldredges’ house and the Brineys and Angela were also in attendance, and that was how they met.  They were married soon afterwards.  I didn’t know they had gotten married because it happened so quickly.  (A few months later they had a wedding reception we attended.)  My close friend April Briney kept texting me, asking if she could come visit me.  I repeatedly turned her down because I was so morning sick that I couldn’t take any visitors.  At some point I ran into the Alldredges and asked about Angela.  They told me she had news and I should ask her myself, so I texted Angela, and that’s how I found out she had married Drew.  I feel terrible because April had wanted to tell me herself but I never gave her the opportunity.  I think in Angela’s Year of Polygamy podcast interview, she said she met Drew “at a fireside.”  Well, that “fireside” was our wine-making class.  😊

And while I’m on the subject of husbands meeting future wives, I will mention that Jeff Alldredge met Vanessa at an event at Kody Brown’s house in Utah, which is now my house.  Oh, those polygamists all seem to be connected somehow, don’t they?

Okay.  Back to Mitch and Aspyn’s party.  It’s always fun to go to a party where the polygamists outnumber the monogamists.  I don’t know if the wedding reception fit that description, but there were a lot of polygamists at Aspyn and Mitch’s wedding reception.  We visited with friends and had refreshments.

Once it was time to sit down for the program (dancing, cake-cutting, etc.), we sat pretty close to the front.  I suppose that’s why my friend was able to see us on the screen.  It’s probably the kind of thing where you don’t really notice anyone in the background unless you’re specifically looking for them.

I gotta say, the most disappointing thing of the night was that there wasn’t an open bar.  I figured since TLC was filming it, they were also paying for the wedding, and since it was at an expensive venue, the budget was generous.  Therefore, I optimistically hoped for an open bar.  Alas, there was a bar, but it was not open.  The three of us each had a single glass of wine (a wedding is a sacrament, after all) and the bill was $26.

credit card bill
Sadly, we had to pay for our own drinks.

However, what was lacking in the drinks category was made up for in the dessert category.  My sisterwife Melissa is known for her baking, and she said the cake served at Mitch and Aspyn’s wedding reception was the best cake she’s ever eaten.  Was there an earlier Sister Wives episode that showed a cake-tasting?  Whoever picked this one is the winner.  They had other refreshments besides the cake.  I’m not really into desserts so I couldn’t tell you, but both my baker-in-the-making daughter and my sisterwife Melissa could probably tell you lots of details if you cared to ask them.  They at least had s’mores, as shown in the photo below.

If you watch the episode closely I’m sure you’ll be able to see lots of familiar faces from Seeking Sister Wife.  Among the photos I took are some blurry photos of Jeff and Vanessa Alldredge, and here’s a not-quite-as-blurry photo I took of their son making s’mores over a candle:

Dane makes s'mores
Sister Wives meets Seeking Sister Wife: Dane Alldredge from SSW makes s’mores at his Uncle Mitch’s wedding.

Here are some of the photos I took from my front-row seat.  I suppose these are nothing new to those of you who have actually seen the episode.

waiting for the go-ahead from the film crew
Aspyn and Mitch wait for the film crew to give them the green light to walk on to the dance floor.
first dance
Mitch and Aspyn’s first dance
dancing with parents
Mitch dances with his mother and Aspyn dances with her father.

I was told that Mitch’s mom (shown in the photo above) made all the beautiful hats for the wedding.

cutting the cake

getting ready to throw the bouquet
Aspyn getting ready to throw the bouquet.

The morning after the wedding reception we left to go on our annual weeklong backpacking trip.  Good times.

Mitch is a great guy and Aspyn is a fantastic match for him.  I’m so glad they found each other and I think they make a beautiful couple.

Doing Hard Things (Bernie, Brandy, and Paige)

This last episode (Episode 7, “Guess Who’s Coming to Dinner?”) of Seeking Sister Wife was honestly very hard for me to watch. This difficulty had nothing to do with the quality of the filming or of the editing. It had to do with the raw truth of the matter: polygamy can be very difficult at times. And this episode, more than any of the previous episodes, highlighted many of the difficult things about it. Part of the reason it was hard to watch was that it showed the difficulties even well-adjusted, loving plural families (or potentially plural families) can experience.

We saw the very tense and awkward moments when Vanessa’s sisters were visiting in Los Angeles. Dimitri puts it so succinctly when he says that people are going to fall off, meaning relationships will be severed one way or another. It is a sad, painful, and unnecessary reality. We even got a glimpse into the struggles of (arguably) the most functional of plural families, the Alldredges, when Sharis tells about how she sometimes misses Jeff on nights he is not with her.

What’s more, it’s not just theoretical, or televised “plural families” that can have difficulties; it is my family. Watching this episode was difficult partly because it brought back memories of our own difficulties trying to live as polygamists in a society that largely frowns upon that. Fortunately, we have overcome most of those difficulties, both with others and with ourselves (but we’re not perfect yet), and things are so much better and smoother than they were in the beginning. There is so much to talk about in this episode that it is almost overwhelming.

As a plural husband, Paige McGee’s melt down was so hard to watch. I can tell that Bernie has a genuine, deep, and abiding affection for his wife. He is hurt when she is hurt. He is concerned for her welfare, for her physical and emotional well being. A person’s own emotions are difficult enough to manage. Handling other people’s emotions requires an added measure of patience and control.

I’ve talked about Paige’s issues with jealousy here and here already, so I won’t address it again – there’s not much more to say. Jealousy is natural and jealousy can serve a positive function, but jealousy also needs to be checked before it turns into envy. All that aside, I feel for Paige in this episode. When it comes to changes in plural marriage, the first wife has got some of the biggest adjustments to make. To be sure, everyone involved has to make some pretty huge changes when a new wife is added to the family. Of course, the biggest changes to any family come with the addition of the first two wives.

It is arguable that the biggest and most difficult changes accompany the marriage of the first wife. This is when the family is first forming, and therefore is experiencing the most dramatic changes. Consequently, this can also be the most difficult time for a family. I am speaking in general terms here, but the risk of divorce is highest during the first few years of marriage. There are so many adjustments that need to be made! And so many different types of adjustments – mental, physical, financial, logistical, etc. The stress can be crushing. But commitment pays off, hang in there, and give it some time and effort. Things get better with every passing year, and just because marriage is sometimes hard doesn’t mean it isn’t worth it!

Of course, adding the second wife is a huge adjustment for everyone too. The new wife has to adjust to being married (just as the first wife did), and adjust to the rest of the family and the first wife as well. The first wife has to adjust to her changing schedule both with her husband and also new interactions with the second wife. The children will certainly have adjustments to make, and the husband will obviously have a large additional load on his shoulders as well.

I don’t know the McGees personally (but I’d like to; they seem like very nice people) but my guess is that the mixture of emotions Paige was feeling have a lot of basis in a fear of the unknown. This fear is largely informed by our culture, which includes our family, friends, churches, laws, and a multitude of other factors. As I recall, Paige talks about her family playing the role of devil on her shoulder in the first episode – whispering doubts and encouraging envy. We saw some of the same with Vanessa Cobbs in this episode too.

Yes, it can be difficult. Yes, the fear, the jealousy, the envy, the uncertainty, and the negative responses are all real, but none of these things are sufficient reasons to give up. They are all obstacles to overcome, and, much to Paige’s credit, she pulled thru in the end! She is not even the one who asked Bernie to come back – that was TLC (and I think that was a bad move and poor form on their part). Regardless, it looks like things turned out anyway. It would have been an absolute tragedy if the date had not gone thru.

I feel for Paige and the difficult emotions she is dealing with in this episode. I feel for Bernie and his loving concern for Paige. And I feel for Brandy too! What thoughts must be going thru her head as she is waiting out in the car alone while Bernie gets called back in to console Paige? She seems to handle it well tho.

Paige knows what she wants, even if it is hard, and I admire her for that! Hard things that are worth it. We could easily make a list of a hundred things that fit this description (some harder than others) – things that you want and are willing to work and sacrifice for: Marriage, child birth, raising children, going to school, training for a marathon, quitting smoking, changing your life for the better, cleaning your room, getting up in the morning, going to work, going to church, etc. You get the idea.

There is pain and emotion connected to all of these things. That is real, and that is something that has to be dealt with if you want to accomplish anything useful or good in this world. Just because these things are hard doesn’t mean you shouldn’t do them. Just because they make you cry sometimes doesn’t mean you should give up. It is an uphill battle. Be patient with yourself and others. Things take time, and there will be setbacks. Get back on that horse and keep riding!

Happiness

“If they’re happy with her and they make her happy, then I’m happy.”  Bree 33:30 Season 2 Episode 6

This. This exactly.  So.many.times, this is the type of response I have wanted, but it has not been something that has been expressed upon disclosure by people whom I have had relationships with the longest. Rather, there has been outrage, upset, and hateful words and deeds.  There are literally 5 people, who are close family or long-time friends, whom I have disclosed to in real life that did not express some form of hateful judgment, or have their spouses want them to limit contact with me.

Why?  Why do people insist that others stay in a prescribed box, and not allow them to act according to the dictates of their own conscience?  Why wouldn’t they give latitude for grown adults to make their own decisions and live their lives as they see fit?

Surely, it can’t be that they think they are the only ones going to Heaven?  Because I don’t think that all that many actually are; regardless of whose signatures are on that piece of paper carried in their wallet or purse.  A thorough, actual review of the Bible never condemns polygamy as these non-scripture reading folk seem to be blissfully unaware.  They prefer to avoid the scriptures in lieu of pastors, preachers, and others dictating to them what they should believe rather than the actual Word of God.

I can only assume that those who react the most vehemently are either somehow dependent on what I do for them in order to be okay with their own lives, or else they are people who insist that everyone have the same belief system that they do.

Both points of view are frankly dangerous. They are the basis for either being unwilling to live one’s own life, or they are the basis for extremists to enact violence against others – as has happened through ages past. This is a possibility that we are very sensitive to, and there is generational sensitivity to this.  Sadly, many other polygamists I know have been the subject of persecution, discrimination, and various forms of abuse and even violence.  Not just at the hands of individuals, but also at the hands of religious and civil authorities as well (for example, the cases of Short Creek in 1953 and the 2008 raid on the Yearning for Zion Ranch.

Because of the history of and possibility for violence, I am all the more grateful, for those few who have expressed that they simply wanted me to be happy.  They are like beams of light on a dreary day.  They have created a small net of safety in the face of uncertainty, and I consider them true friends.  Their friendship is as precious as gold, and likewise untarnishable.

Gold

21 Day Diet

Vanessa’s gonna do it to get the “D.”

Nah, in this society, woman don’t have to try that hard.

I think the 21-day diet has less to do with pH and much more to do with commitment and character.

This 21-day alkaline detox diet is rather limiting.

Vanessa posted it on her Instagram

Here’s a screenshot:

Screenshot_20190310-111329.png

For a self-professed lover of meat, pizza, and cheeseburgers, this is quite a harsh project which will likely take a lot of commitment. It’s not just what she puts in her mouth.  It’s much larger than that; it’s a marker of her dedication to the whole family.

It’s not about the “D.” I mean, that’s a carrot to chase, and a focus initially, but this is about how she aligns with the familial direction in a much larger sense. This is a sacrifice to gain a family. Ashley and Dimitri have put their children’s hearts on the line, opened their home and their family, and maybe Vanessa’s resolve needs a similar test.

The truth will be known very quickly when the hunger sets in, and likely hangry comes out. She’s a better woman than I, but that has not been a demand made of me, and I assure you that my pH is fine.

I’m looking forward to seeing how she tolerates it. I just hope the previewed, Vanessa-sister-pressure doesn’t come out over marinated kale and roasted butternut squash.

The World is Upside Down

If buttercups buzzed after the bee,
If boats were on land, churches in the sea,
If ponies rode men, and the grass ate the cow,
If cats should be chased into holes by the mouse,
If mamas sold their babies to gypsies for half a crown,
If summer were spring and the other way ’round,
Then all the world would be upside down.

world upside down

I am amazed sometimes by the world I live in. Things are changing at such an alarming and accelerating rate, and it seems like things have just gone absolutely mad at times. The whole world does indeed seems upside-down at times, and here is the latest:

This legislative session, the Utah State legislature has just declared that adultery, sodomy, and fornication are no longer crimes. The justification given for this change is that these laws aren’t enforced anyway. Fair enough, but this is the very same thing they say about plural marriage, “We don’t enforce it.” However, in the case of plural marriage they go on to say, “But we just want to keep holding it over your heads.” The whole situation is crazy! These are the descendants of polygamists who settled the desert lands of Utah. They would happily throw their grandparents and great-grandparents in prison, while turning a blind eye to actual crimes. It is a sad state of affairs indeed, but I don’t want to get too much into the hypocrisy and lies surrounding the position taken by the state (that would take a separate post). I just want to highlight the absolute turn about of things!

When I heard about the startling change, I was immediately reminded of a passage from the book, Key to the Science of Theology, by Parley Pratt (one of the first apostles in the Mormon Church). Check it out.

Where is the nation called “Christian,” that does not uphold or permit prostitution, fornication and adultery with all their debasing, demoralizing, degenerating and corroding effects, with all their tendencies to disease and crime, to operate unchecked, and to leaven and corrode all classes of society?

Where is the “Christian nation” that does not prohibit the law of
God, as given to Abraham and the ancients in relation to marriage?

Where is the “Christian nation” that punishes the crime of adultery and fornication with death, or other heavy penalties?

Where are the institutions which would protect, encourage, and honour the patriarch Jacob, with his four wives and their children?

Where is the community who would feel themselves honoured in associating with such a family—although, all corrupt practices would be frowned down, and all persons discountenanced, who, under the name of gentility, nobility, or royalty, glory in their conquests and victories over the principles and practices of virtue and innocence?

Echo answers, Where?—unless we look to the far off mountains and distant vales of Deseret, a land peopled by the Latter-day Saints, and governed by the law of God, the keys of the eternal Priesthood, and organized in the New and Everlasting Covenant.

Parley P. Pratt, Key to the Science of Theology, Chapter 17

Oh how the tables have turned! They have flipped a full 180 degrees. Things could not be more upside down. Parley must be turning in his grave!

Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter! – Isaiah 5:20

Common Law Marriage in Georgia (or: Are the Snowdens Married? – Season II)

There are still questions about the validity of the Snowdens’ marriage.  I suppose this will probably come up every single season they are on the show.  So, I guess I’ll just plan on writing a blog post every single season about it (or not).

Lets talk about common law marriage in the Peach State since that is where they were living.  Of course they moved to California, so I’ll mention that as well, but first a little background.  GAA common law marriage is simply a marriage which is not officially documented by the state.  It is also often the case that common law marriages are not accompanied by any sort of ceremony (that is to say, a documented ceremony – by a church for example).  This of course does not mean that the people involved are not married.  It merely means that the state has not entered their union into the state’s archives.  Also of note is the fact that common law marriage is not the same thing as, “living together”, or even as, “living together for a long time (7 years or whatever)”.

If its not the same, then what is the difference? What is the main difference  between, “living together” and being married (whether documented or common law)?  Please don’t say, “a piece of paper”; you’ll make me both sad and nauseous at the same time.

I hope everyone would agree (at least everyone who is married, and therefore knows the difference) that the main difference is the commitment to the relationship.  hand heartThe main difference, and the thing that makes marriage different from “shacking up” (and better too), is the commitment to the other person and to the relationship.  This difference, this thing, this commitment, is something that the state cannot create nor control, and yet it is the key ingredient, the main ingredient, and is in fact the very core of the matter.  You could even say it was the heart of the matter.

How is this commitment demonstrated in the eyes of the law?  The requirements are essentially the same for both documented and common law marriages.  They are something like this:

  1. The parties must be eligible (age requirements, not too closely related, mentally sound, etc.).
  2. Both parties must be freely willing to enter this agreement i.e. they agree to be married.
  3. The parties present themselves to their acquaintances as married.
  4. They live to live together as man and wife.
  5. Must consummate the agreement.

There are several states which have laws explicitly recognizing common law marriage.  The details of the qualifications vary from state to state, but here they are: Colorado, District of Columbia, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah (Utah has some interesting things to say about common law marriage and polygamy by the way – there’s another post there someday).

However, there is a snag in all of this given that, officially, common law marriage was “abolished” in the state of Georgia in 1997 – but it isn’t remotely so simple.  In the year 2010, the Supreme Court of Georgia actually decided to recognize a common law marriage anyway.  The link to the court’s decision is here if you are interested in the entire thing, but I’ll give you the Reader’s Digest version.

The parties involved were Debbie Jean Ault and James A. Norman.  In 1986, Mr. Norman was newly divorced from his previous wife.  Three years later (1989), Ms. Ault began living in the same home as Mr. Norman (in Alabama), sharing a bedroom, and doing housework. They would both tell people that the other was their spouse, Mr. Norman had sexual relations only with Ms. Ault, and Ms. Ault would often call herself Mrs. Norman.  And, while they never actually had a marriage ceremony of any kind, Mr Norman would repeatedly tell Ms. Ault that, “in God’s eyes, you are my wife.”

A few years later (1998) they moved to the neighboring state, Georgia – together, of course.  By this time Georgia had abolished common law marriages; they were a thing of the past!  There they managed to live happily (or not) until 2008 when he filed a law suit against her demanding she pay him damages (for who knows what).  She responded that she would need money to do that, and that she didn’t want to be withgavel him any more.  So, she simply countered by filing for divorce, alimony, and an equitable division of assets. Ouch.

He said she couldn’t do that because, 1) they were never married to begin with and, 2) Georgia doesn’t recognize common law marriages.  The Supreme court of Georgia did not agree with Mr. Norman on either count.  Ms. Ault was awarded $54,000 as lump sum alimony.

Why did this happen?  Judges are usually very clever, and they will try to make decisions as narrowly as possible, so as to affect as little of the existing framework of laws as possible.  For them, the fact that Georgia had abolished common law marriage was inconsequential.  They did not even need to address this issue.  Rather, they looked to the “Full Faith and Credit Clause” of the U.S. Constitution (Article IV, Section 1) which says that all the states must respect “public acts, records, and judicial proceedings of every other state.”

Since the Normans lived together as man and wife in Alabama, and Alabama allowed common law marriages at the time (even tho their marriage was never recognized by Alabama), then it follows that the state of Georgia should honor the marital status which the Normans attained while living there. Tada!

Another obvious exception would be the case of couples who contracted a common law marriage in the state of Georgia prior to 1997.  These relationships would all be recognized as valid marriages if there were ever a similar challenge brought before the court.

Despite abolishing common law marriage, Georgia officially accepts them from other states, and accepts them in their own state prior to 1997.  So, what does this mean for a Georgia couple in 2019, that want to have a common law marriage?  It means that their marriage will also be accepted in Georgia, and it means the same thing in California, and in every other state in the union.justice

How could it be otherwise?  How could they have have equal treatment under the law otherwise? Equal treatment is protected by the 14th amendment to the U.S. Constitution (the equal protection clause). There is no way the state could defensibly accept a common law marriage (along with granting all the privileges that accompany that condition) entered into on the 31st of December 1996, and deny one entered into on the 1st of January 1997.  You cannot give different treatment to people who are similarly situated.  The Georgia law would amount to discrimination based upon age.

The current law essentially says, if you were born in the 80s or later, you cannot contract a common law marriage, even tho your parents did, and your older siblings (who were born in the 70s) did.  It is ludicrous to think that the state can abridge a fundamental right at all, and marriage is absolutely a fundamental right – which means it resides with the people and not the government.  There is no logical way around it. If it were challenged, the law abolishing common law marriage it would obviously fail.  The only reason it is still on the books is because it hasn’t been challenged.

Common law marriage is at the very heart of the idea of marriage.  Marriage is a contract; an agreement entered into by a man and a woman for the purpose of creating a family and propagating the species.  The very core of the matter is: who decides that two people can marry?  The people themselves, or the state?  You can’t get rid of common law marriage by any legislation without also getting rid of marriage itself (and this would only happen in a totalitarian, Orwellian nightmare of a world).  It is the foundation upon which all real marriages are built.

The piece of paper – the government documentation – is only a wrapper placed around the core.  All documented marriages are also fundamentally common law marriages at their center ( I say “all” in the sense that the vast majority of them are – there are always a few exceptions, but this is beyond this post.  maybe next season, haha.).  The center is a man and woman casting their lot together, promising to stay that way, and beginning a family.

For the sake of illustration, let me make a comparison to another fundamental right: life.  For most people in the U.S., when they were born they (actually, their parents) were issued a birth certificate by the state in which they were born.  What if the State of Georgia made a law saying they were no longer going to recognize births in the state?  I know this sounds ridiculous, but stay with me.  The new law said that there would no longer be state issued birth certificates.  Would this mean that a baby born in Georgia, after the passing of this law, was not really born, or not really alive because they didn’t have official recognition from the state (or from the church for that matter)?  Of course not!  That would be crazy, right?  The child would be born regardless of what the state said (or didn’t say) about it.  Furthermore, that child would have all the rights that any other natural born citizen would have.

It is true that not having a birth certificate can make life more difficult when it comes to legal matters (and I personally know of some people who have experienced this), but that is a separate issue entirely.

If Georgia stopped issuing birth certificates, it wouldn’t stop people from being born. The state has no say about that.  May it ever be so!  Similarly, the state has no say about marriages.  They may decide not to issue papers, but it would have no effect whatsoever on whether the person was born, or whether a man and woman were married.