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Legal Commentary

: Althouse

"Commenting from a mountaintop: we are still sitting on the rock where we exchanged rings, and now we are married."

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My comment, at 3:59 today, Central Time (though we are on Mountain Time), in the post "We're here in Colorado not just for the scenery, but for the law," which read: "What is the law we love so much ? this beautiful example of the benefits of federalism? I will tell you soon!"

The first commenter there, reader_Iam, instantly got the answer:

Are you wanting to solemnize your own marriage, as opposed to having an officiant required?
Yes, in Colorado:
Couples themselves may solemnize their own marriage (perform one's own marriage ceremony). According to Colorado Revised Statute 14-2-109, a marriage may be solemnized by a judge of a court; by a court magistrate; by a retired judge of the court; by a public official whose powers include solemnization of marriages; by Indian tribe officials; by clergy; by the parties to the marriage. If you wish to solemnize your own marriage, you will be responsible for acquiring, completing and returning the license to marry to the appropriate county Office of the Clerk and Recorder.
And that's just what we did. This afternoon, we drove from our hotel in Bachelor Gulch to the Office of the Clerk and Recorder in Eagle County, where we showed our driver's licenses, answered a few questions, paid $30 cash, and got a license that empowered us to marry each other. We drove up Bellyache Ridge ? just the 2 of us ? where we did things our way and solemnized the marriage on our own. Then, we did the additional red tape ? filling out the bottom of the Certificate of Marriage and handing it back to the county official who'd asked us the questions earlier. And now, we're here at Yeti's Grind on Broadway, in Eagle, eating our first food (sandwiches) and drinking our first drink (mango smoothies) as husband and wife. And we're both on the WiFi.

One thing I love about American federalism is that ? subject to the limitations of national law ? individual states can do things their own way, and we can move around finding the law we like. We decided against marrying in Madison, because under Wisconsin law, not only do you need to pay $125 or so for the license and then go get a minister or a judge to perform the wedding ? you have to wait 6 days between getting the license and doing the wedding. What's that all about? It's insulting, not to mention avaricious. We went west, out of the grip of a paternalistic state, for greater freedom and individuality.

And, yes, we think same-sex couples should also have the right to marry. You'll have to travel somewhere other than Colorado if that's the freedom you want. We traveled and got what we wanted, and obviously, we have the additional benefit of getting a marriage that will be recognized everywhere. I hope the day will come when the Coloradan attitude that favored us will smile on gay people too. But for now, I'm just really happy to be married in Colorado, on Bellyache Ridge, with just me and Meade on the scene. Aptly, it turned out that there was a big old cell phone tower on top of the ridge, so we texted and emailed and telephoned.

And I made a blog comment ? a comment, not a post, because that's where I found my dear husband, in the comments.

Full post as published by Althouse on August 03, 2009 (boomark / email).

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