A Selection of Cases On Constitutional Law volume 2
A Selection of Cases On Constitutional Law volume 2
Eugene Wambaugh
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" The only inconsistency suggested is, that it impairs the obligation of the contract of mar- riage. Assuming that the prohibition of the federal Constitution against the impairment of contracts by state legislation applies (Mjually, as would seem to be the opinion of the Supreme Court of the territory, to legislation by territorial legislatures, we are clear that marriage is not a contract within the meaning of the prohibi- tion. . . . It is also to be observed that, whilst marriage is often t...ermed by text writers and in decisions of courts a civil contract — generally to indicate that it must be founded upon the agreement of the parties, and does not require any religious ceremony for its solem- nization — it is something more than a mere contract. The con- . Sent of the parties is of course essential to its existence, but when the contract to marry is executed by the marriage, a relation be- twwn the parties is created which they cannot change. Other contracts may be modified, restricted, or enlarged, or entirely re- lea.
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