by Gloria Edmonson Nelson

Created on: July 30, 2009

I have mixed reactions regarding marriage by proxy; however, except for those serving in the military. There are two types of marriages by proxy: single and double; in other words, for single, one person who is marrying has to be there with a representative for the missing person. For double; that means both the bride and groom (or the two people marrying) are absent, and two others are standing in their absence. I definitely have a problem with this one.

Marriage by proxy is nothing new; it's been around since the 1400's where it was used in many European countries as royalty married this way.

Montana was the first state in the United States to allow proxy. It is alleged to have begun as early as the 1800's because miners would come there to work who would take brides from another state. In fact, they are the only state that allows double proxy. This law has remained on their books since that time.

Although it is performed in only five states in the United States: Kansas, Colorado, Montana, Texas, and since 2004, in California; Iowa does not recognize it as being legal. Most states treat it as they do marriage; however, there are states that consider it as "common law."

California will only allow single proxy marriage if the absent person is in the military, and Colorado has also certain restrictions.

This arrangement of marriage is quite expensive; usually between $500 and $1,000; however, no blood test is required. The bride and groom; however, has to send a birth certificate or passport and a certified certificate of marriage.

Although proxy marriage has been utilized primarily for people in the military; there have been exceptions, for example, a license was issued for a single proxy to a couple whose spouse was an astronaut. There has also been other exceptions; prisoners are alleged to have married by proxy for some reason. (Possibly because of a terminal illness, etc.)

As stated previously, for those in the military, proxy marriage is a solution for those who cannot take a leave; however, I can see why the majority of the states do not perform this type of marriage. For one reason, record keeping could become overwhelming. For example, annulment is allowed if you are never physical, in other words, if you do not consummate the relationship; you can get the marriage annulled.

What if there are out-of-wedlock children; however, the woman has never lived with the military person but needs healthcare and other benefits? What if the child is not his? Then, what about divorce?

There are far too "loop-holes" that are inconsistent, and each state has its own set of rules. The Federal Government should establish regulations regarding proxy marriage for the military for all states (as well as rules for exceptions), and I don't believe double proxy should ever be allowed.

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