re: #261 ggt
I think, if I read correctly, that they’re grandfathering in common-law marriages between former slaves, ie, if you considered yourself man and wife during slavery and are still living together as such, you don’t need a marriage license. Everyone else has to get hitched according to the law to be considered married.
Probably trying to solve, practically, the problem of people who had contracted slave marriages with no status under the law.