
A common-law marriage was a form of marriage recognized by the law of the United States until 1879. Before then, the legal marriage was regulated by state laws only. In order to qualify to marry in the federal court, the couple had to show that they were legally married under the state law, and the couple had to sign a statement stating that they had done so.
After 1879, the law allowed the state legislature to declare a common-law marriage invalid if it so desired. The first case that recognized the legitimacy of common-law marriage was the famous Supreme Court ruling that established the right to vote for women. The MATRIMONIAL LAW Court ruled that women were citizens, and that they should therefore be granted the right to vote.
The case was Minor v. Happersett. The ruling came after a lawsuit filed by a young woman named Minor against her mother’s second husband. In 1838, the state legislature passed a law forbidding women from voting. Since women weren’t considered citizens, they couldn’t vote. The question that had to be decided by the Supreme Court was whether or not women were citizens. Since the law of 1838 was based on gender and had no other rational basis, the Court found that women could claim citizenship and that therefore they should be granted the right to vote.