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When getting married anywhere in the United States, obtaining a marriage license is the first step. The requirements for this process differ across states, including variations in age, cost, witness numbers, and even blood tests. California, however, stands out as the only state that provides both a standard public marriage license and a confidential one.
[*Michigan is another state offering 'secret marriages,' though unlike confidential licenses, these require a judge in a closed court to seal the court file, and the clerk has no record of the marriage.]
A confidential marriage license is just as legally valid as a public license, but it remains excluded from public records. According to Section 501 of California’s Family Code, the county clerk can issue such a license, and Section 511 ensures that these records are sealed from public inspection, except by court order. In contrast, public marriage licenses allow anyone, for any reason, to access personal details such as the couple’s full names, birth dates, places of birth, parents' names, and prior marriages. These details are kept private for confidential licenses.
Why is California the only state offering this option? The confidential marriage license originated in 1878, initially created for unmarried couples living together in the state. Some of these couples resided in isolated, rural areas that were far from churches or courts, while others simply 'lived in sin' or had children outside of wedlock. Living together without marriage was heavily disapproved of, so this option allowed couples to maintain a respectable image in their communities by keeping their marriage details private. Additionally, confidential marriages helped streamline the legal system in California, as inheritance and property rights were clearer when the majority of cohabiting couples were legally married.
Up until the 1970s, confidential marriages remained an option, but were not widely utilized as societal norms evolved and it became less taboo for unmarried couples to cohabit. In 1972, California lawmakers modified the law, permitting ordinary citizens—not just religious leaders—to conduct confidential marriages, enabling couples to marry privately and quickly (without undergoing blood tests or waiting for results). By the early 1980s, almost one-third of California marriages were confidential. However, this option was exploited by polygamists, minors, and those falsely claiming Social Security benefits, leading the state legislature to consider abolishing it in 1984. It survived by a narrow margin. By 2012, around 20% of all marriage licenses in California were confidential.
To apply for a confidential marriage license today, couples must affirm that they live together, though this is more of a formality, as no proof is required, and there is no mandatory minimum cohabitation duration. In Los Angeles County, the cost of a confidential marriage license is actually slightly lower than a public one, but couples must pay an additional $14 for a certified copy of their license and certificate, making the total cost comparable. Since confidential marriages are private, no witnesses are needed to sign the license during the ceremony. It remains unclear why other states have not followed California's lead in offering confidential marriage licenses, perhaps due to a lack of demand. For now, if you wish to obtain one, California is the only place to do so.
