When fact collides with fanfic

[Kathy Rose]

Couldn't figure out where to post this, so I started a new thread...

Anyway, you know all those fanfics you've read where the captain of a ship marries someone? That is, performs the ceremony for a couple? Even TOS had Kirk marrying a couple in one of the episodes, I believe.

Turns out, according to information I looked up after a dinner conversation that started with "How come captains are allowed to marry people? How did that get started?", THEY AREN'T!

According to the information, captains being able to marry people on their ship is pretty much a myth. In fact, the myth is so prevalent that the U.S., British, and the Soviet navies even have it written in their regs that their naval captains (or ship masters) are not allowed to do that. Unless they are also a minister or justice of the peace, that is. There may have been instances long ago, of course, when voyages took a couple of years or people were shipwrecked, that the captains assumed that duty. There are also variations of what's allowed, for example, Japanese ships captains can perform a marriage but only if the couple have valid Japanese passports. And if you're on a cruise ship, it has to be in port, and the couple has to conform to local laws as to what is legitimate.

I'm just going to have to assume Starfleet has made some provision for its captains being empowered to perform marriage ceremonies.

[creek_chub]

Interesting! I don't think I ever really considered modern day instances, but I was always under the assumption that captains of long ago were able to do it since, essentially, the ship was its own entity and thus not subject to the laws of any country while out on the water. Similar to some of the regulations for gambling casino ships, I guess?

I would definitely think that, regardless of modern day laws, once you involve being out in space and aliens from other planets, having starship captains able to perform marriages would relieve some administration headaches.

[Glory1863]

Even TOS had Kirk marrying a couple in one of the episodes, I believe.

That would be Balance of Terror. The groom was killed during the episode. Kirk's final log entry was what stayed with me: "A wife for half a day, a widow for all the rest of her days."

I don't remember any of the Enterprises having anyone that I would consider a chaplain. Only DS9 seemed to deal with religion on a regular basis, and that was the Bajorans, not the Federation.

[Kathy Rose]

And there was the episode on TNG where Keiko and Chief O'Brien get married, but I can't remember who officiated.

The thing about captains performing a ceremony is not a religious prohibition so much as it's a matter of governmental jurisdiction. Here in the U.S., it's governed by the states -- you obtain the marriage license in the county in which you will be married. So if you're on a ship in international waters, there's a question of which jurisdiction you're in, I guess. That's why on cruise ships, they want the ceremonies performed while in port, with that location's rules in effect.

[Kotik]

I asked the same question on a different board not too long ago and overall, the general opinion seemed to be:

a) It is something that probably originates in the age of sail, when marriages where registered by the church only, rather than governments.
b) When the marriage-register went from church to state, the right for Captains to marry people went away, because they're not government officials.

Now time comes into place. Not being able to marry people is no problem for Captains these days as sea voyages rarely exceed 3 months. Bride and groom just have to wait a few weeks until they can get married on terra firma.

So why could Kirk marry people? At some point between today and the late 22nd century, the right to marry people has to be re-established, simply because missions last years. Kirk's initial mission was 5 years and it was a ship with families on board. Since they are so far out in space, Kirk is technically the governor of Enterprise, having all official authorizations for marriage, justice etc. That's how I see it.

The question whether Archer can marry people is much more tricky. The show wasn't really clear about it, but there seemed to be some no-frat rules in early Starfleet, so the situation that two crew members want to marry should not really come up. But since we're in fandom here and canon does not say, when exactly the right to marry people has been re-established, you're pretty much free to do as you like.

[Aquarius]

The no fraternization rules are ambiguous at best. In "Breaking the Ice," Archer tells the school kids in his message that dating isn't prohibited, just problematic.

I agree with the custom of the captain marrying people because of the length of the missions. It's plausible that Archer could have had this authority, were that the case. They never really knew when they'd have to go home, and who necessarily wants to have to get married according to local customs. Some may be alright, but some may be uncomfortable with, say, the nudism of Betazed, or someplace like Vulcan wouldn't necessarily want non-Vulcans to be in on their marriage rites.

[mareel]

Aquarius said

The no fraternization rules are ambiguous at best. In "Breaking the Ice," Archer tells the school kids in his message that dating isn't prohibited, just problematic.

Yes, I agree with the ambiguity. We also heard Jonathan telling Malcolm about his own philosophy when they were on the hull in Minefield and Malcolm was talking about social interactions:

I had a CO once felt the same way. They're your crew, not your friends. I thought about that a lot when I took this command, but then I realised this is not your typical mission. We could be out here for years. All we have to depend on is each other.

Knowing these were to be long missions away from Earth, I also feel convinced that the Captain would have some authority to do things like performing marriages. Of course that was definitely needed in the "E2" timeline. I like to think he was kept pretty busy at it there.

[Hummingbird2]

And there was the episode on TNG where Keiko and Chief O'Brien get married, but I can't remember who officiated.

It was Picard in 'Data's Day'.

[Glory1863]

I pulled out James Blish's novelization of Balance of Terror. I like the way he explains things.

He could, of course, have declined to do any such thing. Not only was he the only man aboard the starship empowered to perform such a ceremony - and many others even less likely to occur to a civilian - but both the participants were part of the ship's complement. . .

Nevertheless, the thought of refusing hadn't occurred to him. Traveling between the stars, even at "relativistic" or near-light speeds, was a long-drawn-out process at best. One couldn't forbid or even ignore normal human relationships over such prolonged hauls, unless one was either a martinet or a fool, and Kirk did not propose to be either.

It was for the same complex of reasons that there was a chapel aboard the Enterprise. Designed by some groundlubber in the hope of giving offense to nobody (or, as the official publicity had put it, "to accommodate all faiths of all planets," a task impossible on the face of it), the chapel was simplified and devoid of symbols to the point of insipidity; but its very existence acknowledged that even the tightly designed Enterprise was a world in itself, and as such had to recognize that human beings often have religious impulses.

[Aquarius]

I took the liberty of opening this thread in Episodes, Arcs, and Seasons, since the topic of fraternization and weddings has come up in other threads, and not necessarily in a fanfic-specific way.