likewise the German law which
requires the presentation of birth-certificates before a marriage
license is issued.
A revival under proper form of the old custom of publishing the banns is
desirable. Undoubtedly many hasty and ill-considered marriages are
contracted at the present time, with dysgenic results, which could be
prevented if the relatives and friends of the contracting parties knew
what was going on, and could bring to light defects or objections
unknown or not properly realized by the young people. Among other
states, Missouri has recently considered such a law, proposing that each
applicant for a marriage license be required to present a certificate
from a reputable physician, stating in concise terms the applicant's
health and his fitness to marry. Notice of application for a marriage
license shall be published in a daily paper three consecutive times, at
the expense of the county. If at the expiration of one day from the
publication of the last notice, no charges have been filed with the
recorder alleging the applicants' unfitness to marry, license shall be
granted. If objection be made by three persons not related in blood to
each other, on the ground of any item mentioned in the physician's
certificate, the case shall be taken before the circuit court; if the
court sustains the objection of these three unrelated persons, a license
to wed shall be denied; if the court overrules the objection, the
license shall be granted and court costs charged to the objectors.
Although interesting as showing the drift of public sentiment toward a
revival of the banns, this proposed law is poorly drawn. Three unrelated
laymen and the judge of a circuit court are not the proper persons to
decide on the biological fitness of a proposed marriage. We believe the
interests of eugenics would be sufficiently met at this time by a law
which provided that adequate notice of application for marriage license
should be published, and no license granted (except under exceptional
circumstances) until the expiration of two weeks from the publication of
the notice. This would give families and friends time to act; but it is
probably not practicable to forbid the issuance of a license at the
expiration of the designated time, unless evidence is brought forward
showing that one of the applicants is not legally capable of
contracting marriage because of a previous mate still living and
undivorced, or because of insanity, feeble-mindedn
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