Some states make this specific; California law, for example, provides that " No particular form for the ceremony of marriage is required for solemnization of the marriage, but the parties shall declare, in the physical presence of the person solemnizing the marriage and necessary witnesses, that they take each other as husband and wife . " But even in states not specifically requiring a vow, marriage is understood to be a contract, which would require both parties'assent.
42.
The provinces have exclusive jurisdiction over the solemnization of marriage under section 92 ( 12 ) of the " Constitution Act, 1867 " and jurisdiction over spousal and child support, property division, custody and access, adoption, and child protection as part of the provincial government's jurisdiction over property and civil rights under section 92 ( 13 ) of the " Constitution Act, 1867 " and jurisdiction over matters of a private nature under section 92 ( 16 ) of the Act.
43.
:: As Jack of Oz notes, the validity of a marriage is dependent upon applicable law-usually national law, but state law in the United States . ( The OP geolocates to New York . ) In every U . S . state of which I am aware, solemnization is required for a valid marriage ( other than a common law marriage, and those have their own requirements ); a marriage license generally is also required, and in some states the marriage is also required to be registered.
44.
In 2015, Carrico introduced SB 40, which would provide " that a clerk or deputy clerk shall not be required to issue a marriage license if such clerk has an objection to the issuance of such license on personal, ethical, moral, or religious grounds . " Along with this he introduced SB 41, which would provide " that no individual authorized to solemnize any marriage shall be required to do so and no religious organization shall be required to provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization of any marriage if the action would cause the individual or organization to violate a sincerely held religious belief ."
