Celebrating the birth of Jesus Christ is a special time of year for so many reasons, but most of us never think about the family law rule that protected the Holy Family.
The marital presumption is the legal assumption that a child born to a married woman is presumed to be the child of her husband. This presumption helps to establish paternity and supports the stability of the family structure in a legal context of marriage. It provides a beautiful context for the child's safety and stability.
That presumption is at work in Matthew chapter 1 when the birth of Jesus Christ is told:
"This is how the birth of Jesus Christ came about: His mother Mary was pledged to be married to Joseph, but before they came together, she was found to be with child through the Holy Spirit. Because Joseph her husband was a righteous man and did not want to expose her to public disgrace, he had in mind to divorce her quietly.
But after he considered this, an angel of the Lord appeared to him in a dream and said, 'Joseph son of David, do not be afraid to take Mary home as your wife. She will give birth to a son, and you are to give him the name Jesus, because he will save his people from their sins.'
All this took place to fulfill what the Lord had said through the prophet: 'The virgin will be with child and will give birth to a son, and they will call him Immanuel' - which means, 'God with us.' [citing Isaiah 7:14]
When Joseph woke up, he did what the angel of the Lord had commanded him and took Mary home as his wife. But he had no union with her until she gave birth to a son. And he gave him the name Jesus." Matthew 1:18-25
Even at the birth of our Lord and Saviour Jesus Christ God Almighty was at work protecting him with the law, and with parents married to each other for his benefit, stability, and continuity.
Rejoice this Christmas for His holy birth, and God's legal protection in the midst.
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