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In some cases one difference between the confidential and public marriage license is that it may require witnesses to the marriage. This can vary depending on the state. Sometimes people obtain this type of license so that they can marry without any witnesses.
A confidential marriage license is legally binding, just like a public license, but itâs not part of the public record. Section 501 of Californiaâs Family Code allows for the county clerk to issue a confidential license, and Section 511 states that these licenses are not open to public inspection, except by a court order.