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Proposed Changes to Marriage Laws in 2024: Marriage Legislation to Watch in Your State
Published Monday, Jan. 8th, 2024
Proposed changes to marriage laws in your state: What wedding officiants & couples need to know
Updated 1/30/2023
As the new year begins, lawmakers around the country are proposing new changes to their state's marriage laws. Important legislation is being introduced in various State Houses and Senates that would increase protections for marriage equality, raise the minimum age requirements to marry, allow officiants to perform online weddings in New York and New Jersey, and more.
Below, we’ve gathered some noteworthy bills being considered this year. Keep in mind that this is not a complete list, and additional legislation will continue to be introduced during the coming weeks and months.
To stay up-to-date on laws that affect how people get married, or who can officiate weddings in your state, you can sign up for the AMM Monthly Newsletter or visit the AMM News page often.
At a Glance: 'Hot' topics in marriage legislation this year
Child Marriage: California, Hawaii, Missouri, New Mexico, Oklahoma, South Dakota, and Virginia consider raising or restricting the age of consent to marry
Same-Sex Marriage: Arizona, Hawaii, Indiana, Nebraska, Virginia, and Wisconsin consider new protections for same-sex marriage; Tennessee and West Virginia consider new restrictions on same-sex marriages
Covenant Marriage: Missouri considers establishing laws for covenant marriages
Online Weddings: New Jersey, New York, and Utah consider new provisions for online / virtual marriage ceremonies and services
Other topics of interest include marriage between first-cousins (Tennessee), expanding the right to solemnize marriage ceremonies (New Jersey and New Mexico), and more.
...
2024 Marriage Legislation Roundup
Arizona House Concurrent Resolution 2017 (AZ HCR2017)
Primary Sponsor: Representative Oscar De Los Santos [D]
Summary: This resolution is to repeal and replace section 1 of the state constitution regarding marriage, adding text that protects the right of people to marry regardless of their sex, race, ethnicity, or national origin.
How this legislation could impact AMM Ministers: This legislation doesn’t directly affect ministers who officiate in Arizona.
California Senate Bill 575 (CA SB575)
Primary Sponsor: Senator Aisha Wahab [D]
Read the full bill text here
Summary: This bill would raise the minimum age to marry or enter into a domestic partnership in California to 18 years old, with an exception for emancipated minors.
How this legislation could impact AMM Ministers: This legislation would not impact AMM Ministers who officiate weddings in California. As always, ministers should verify a couple’s identity before signing their marriage license.
Hawaii House Bill 206 (HI HB206)
(Carry over of previous bill: HB206)
Primary Sponsor: Representative Linda Ichiyama [D], Representative Terez Amato [D], Representative John Mizuno [D], Representative Gregg Takayama [D], Representative David Tarnas [D]
Companion bill: Hawaii Senate Bill 46 (HI SB46); Carry over of previous bill introduced by Senator Karl Rhoads [D]
Summary: This bill would raise the legal age of consent to marry to 18 years old, and eliminate/repeal conditions in which children sixteen years old or older could marry. Relevant statutes involving the marriage of minors would also be repealed.
How this legislation could impact AMM Ministers: This legislation doesn’t directly affect ministers who officiate in Hawaii, as marriage licenses are issued by the Dept. of Health, who will verify the parties' ages. As always, ministers should confirm a couple’s identity before signing their marriage license.
Hawaii House Bill 2802 (HI HB2802)
Primary Sponsor: Rep. Scott Saiki [D]
Summary: This bill would amend / repeal a section of the state's contitution (article 1, section 23) that includes an outdated ban against same-sex marriages.
How this legislation could impact AMM Ministers: This legislation would not directly impact AMM Ministers who officiate weddings in Hawaii.
Indiana Senate Bill 267 (IN SB0267)
Primary Sponsor: Senator David Vinzant [D]
Summary: This bill would repeal outdated and unenforceable text from state laws that define marriage as a union between one male and one female, and that make it unlawful for people of the same sex or gender to marry.
How this legislation could impact AMM Ministers: This legislation would not directly impact AMM Ministers who officiate weddings in Indiana.
Missouri House Bill 1789 (MO HB1789)
Primary Sponsor: Representative Mitch Boggs [R]
Read the full bill text here
Companion bill: Missouri Senate Bill 1234 (MO SB1234) introduced by Senator Mike Moon [R]
Summary: This bill would create new provisions to enter into or dissolve a covenant marriage, including a special covenant marriage license.
How this legislation could impact AMM Ministers: This legislation would not directly impact ministers who officiate weddings in Missouri.
Read our full coverage on this legislation: Missouri Lawmakers (Still) Want To Bring Covenant Marriage to the State
Missouri Legislators will reconsider new covenant marriage license in 2024. Covenant marriages are a legally distinct type of marriage that makes it more difficult to divorce, preferred by some conservative religious couples. Read the full article here.
Missouri Senate Bill 767 (MO SB767)
Primary Sponsor: Senator Holly Thompson Rehder [R]
Read the full bill text here
Summary: This bill would raise the minimum age to marry in Missouri to 18 years old, without exceptions.
How this legislation could impact AMM Ministers: This legislation would not impact AMM Ministers who officiate weddings in Missouri. As always, ministers should verify a couple’s identity before signing their marriage license.
Nebraska Legislature Resolution 26 (NE LR26CA)
Primary Sponsor: Senator Jen Day [N]
Read the full bill text here
Summary: This legislation proposes an amendment to the state constitution that would remove an outdated provision defining marriage as only a union between one man and one woman. This would increase protections for marriage equality in Nebraska at the state level and help to align state and federal marriage laws.
How this legislation could impact AMM Ministers: This legislation doesn’t directly affect ministers who officiate in Nebraska.
New Jersey Senate Bill 571 (NJ S571)
Primary Sponsors: Senator Jon Bramnick [R] and Senator Vin Gopal [D]
Summary: This bill would give any current member of the New Jersey State Legislature the authority to solemnize marriages and civil unions while they hold office.
How this legislation could impact AMM Ministers: This legislation would not affect ordained ministers who officiate weddings in New Jersey.
New Jersey Assembly Bill 3082 (NJ A3082)
(Carry Over of previous bill: 2022-2023 A2347)
Primary Sponsors: Representative Don Guardian [R] and Representative Annette Quijano [D]
Companion bill: New Jersey Senate Bill 1165 (NJ S1165)
Summary: This bill would allow couples to apply for their marriage license with an officer and witness remotely, through the use of audio-visual technology; and allow marriage ceremonies to be solemnized and witnessed remotely (online), through the use of approved audio-visual technology.
How this legislation could impact AMM Ministers: If passed, wedding officiants could legally perform virtual wedding ceremonies for couples in New Jersey using video-conferencing technology like Skype, Zoom, or Google Meet, provided all conditions are met.
New Mexico House Bill 242 (NM HB242)
Primary Sponsor: Rep. Doreen Gallegos [D]
Summary: This legislation would amend current marriage laws in two ways. First, it would change who can 'solemnize' or officiate a wedding ceremony there, and second, how old someone must be to get married. If passed, adults over the age of 21 would be able to officiate a wedding, along with judicial and religious officers; and no one under the age of 18 would be able to get married, without exceptions.
How this legislation could impact AMM Ministers: If passed, AMM Ministers are still authorized to perform marriage ceremonies, and their role would not change. However, ordination would not be required to officiate. As always, officiants should verify a couple's identity before performing a ceremony and signing a marriage license.
New York Assembly Bill 2181 (NY A02181)
Primary Sponsor: Assemblymember Linda Rosenthal [D]
Read the full bill text here
Summary: This bill would create new provisions to allow online weddings and marriage services: Virtual / remote weddings could be performed and witnessed using video-conferencing technology; and marriage licenses could be issued virtually by the clerk’s office.
How this legislation could impact AMM Ministers: If passed, officiants could legally perform virtual wedding ceremonies for couples in New York using video-conferencing technology like Skype, Zoom, or Google Meet, provided all conditions are met.
Proposed changes to marriage laws in New York would allow wedding ceremonies to take place online using video-conferencing platforms like Skype, Zoom, or Google Meet. In addition to other necessary conditions, couples would need to be physically located in the state at the time of the ceremony. Read more about the proposed legislation here.
New York Assembly Bill 2921 (NY A02921)
Primary Sponsor: Assemblymember Josh Jensen [R]
Read the full bill text here
Summary: This bill would waive the 24-hour marriage waiting period for members of the armed forces who are scheduled to be deployed within 30 days. This waiting period is the mandatory time between when a marriage license is issued and when a ceremony can be performed.
How this legislation could impact AMM Ministers: This legislation doesn’t directly affect ministers who officiate in NY. However, officiants would be able to perform same-day weddings for military personnel if conditions are met.
Read our coverage of previously considered legislation: (2021) NY lawmakers consider removing marriage license wait period for military personnel
Oklahoma House Bill 3307 (Prefiled Legislation) (OK HB3307)
Primary Sponsor: Representative Andy Fugate [D]
Summary: This bill would amend the state's existing marriage laws to limit and restrict the circumstances in which children can marry there. If passed, minors between the ages of 16 and 18 can be married only if they have been legally emancipated; or with court and guardian permission as part of a paternity settlement or if the minor is currently pregnant or has recently given birth.
How this legislation could impact AMM Ministers: This legislation doesn’t directly affect ministers who officiate in Oklahoma, as marriage licenses are issued by the County Clerk Office, who will verify the parties' ages. As always, ministers should verify a couple’s identity before signing their marriage license.
South Dakota House Bill 1154 (SD HB1154)
Primary Sponsor: Senator Sydney Davis [R], Representative Kadyn Wittman [D]
Summary: This bill would raise the legal age to marry in South Dakota to 18 years old, without exceptions. The penalty for knowingly solemnizing the unlawful marriage of a minor would remain as a Class 1 misdemeanor.
How this legislation could impact AMM Ministers: This legislation doesn’t directly affect ministers who officiate in South Dakota, as marriage licenses are issued by the county's Register of Deeds, who will verify the parties' ages. As always, ministers should verify a couple’s identity before signing their marriage license.
Tennessee House Bill 1995 (TN HB1995)
Primary Sponsor: Rep. John Ragan [R]
Summary: This bill would create a new and separate marriage license only available to opposite-sex applicants. It would make it illegal for this marriage license to be issued to or used by same-sex applicants.
How this legislation could impact AMM Ministers: This legislation doesn’t directly affect ministers who officiate in Tennessee, as marriage licenses are issued by the County Clerk Office.
Tennessee House Bill 2041 (TN HB2041)
Primary Sponsor: Rep. Darren Jernigan [D]
Read the full bill text here: TN HB2041
Summary: This bill would amend the state's marriage laws to make it illegal for first cousins to get married in Tennessee. Currently, there are no restrictions on marriages between cousins there.
How this legislation could impact AMM Ministers: This legislation doesn’t directly affect ministers who officiate in Tennessee, as marriage licenses are issued by the County Clerk Office.
Related: Kissing Cousins - The Popularity & Controversy of Cousin Marriage
Talking about taboos: How common is marriage between cousins, which states allow it, and is it really that controversial? Read more about these 'consanguineous marriages' worldwide and in the U.S. here.
Utah House Bill 134 (Prefiled Legislation) (UT HB0134)
Primary Sponsor: Representative Anthony Loubet [R]
(Joint) Senate Sponsor: Senator Karen Kwan [D]
Read the full bill text here
Update May 2024: This bill passed! Read about the outcome here: New Utah Marriage Law Protects Interracial Couples, In Effect This Month
Summary: This bill would help codify certain marriage protections in Utah, including those for interracial marriage: The law would be amended to explicitly state that marriages must be recognized regardless of the parties’ race, ethnicity, or national origin, and that it’s against the law for a clerk to deny couples a marriage license for these reasons. Government employees and public officials also would not be allowed to refuse to solemnize a marriage based on these qualities.
How this legislation could impact AMM Ministers: This legislation doesn’t directly affect ministers who officiate in Utah.
Utah Senate Bill 81 1st Substitute (UT SB0081 1st Sub)
Primary Sponsor: Senator Todd Weiler [R]
Update May 2024: This bill passed! Read about the outcome here: Updates to Utah’s Virtual Marriage Laws Are in Effect This Month
Summary: This bill would clarify and codify Utah marriage laws regarding virtual / online marriage ceremonies.
How this legislation could impact AMM Ministers: This legislation would not greatly impact marriage officiants in Utah who perform remote/virtual weddings. Current policy (which requires an officiant to be physically located in the state at the time of the ceremony) would remain, with more clarification and safeguards in place around the marriage application process.
Proposed legislation in Utah addresses potential legal issues with the state's 'remote appearance' marriage ceremonies and marriage license application process, while keeping virtual option available to most couples. Read more here.
Virginia House Bill 174 (Prefiled Legislation) (VA HB174)
Primary Sponsor: Delegate Rozia Henson [D]
Read the full bill text here
Companion bill: Virginia Senate Bill 101 (Prefiled Legislation) (VA SB101) introduced by Senator Adam Ebbin [D] and Senator Jennifer Boysko [D]
Summary: This bill would help codify marriage equality in VA state law: A new subsection would make it against the law to deny anyone a marriage license on the basis of sex, gender, or race. The law also explicitly states that Virginia must recognize these marriages as lawful regardless of the sex, gender, or race of the parties. Religious organizations and clergy can refuse to solemnize these marriages.
How this legislation could impact AMM Ministers: This legislation doesn’t directly affect ministers who officiate in Virginia, as marriage licenses are issued by the Office of the Clerk of Circuit Court.
Virginia House Joint Resolution 9 (Prefiled Legislation) (VA HJR9)
Primary Sponsor: Delegate Mark Sickles [D]
Read the full bill text here
Companion legislation: Virginia Senate Joint Resolution 11 (Prefiled Legislation) (VA SJR11) introduced by Senator Adam Ebbin [D] and Senator Jennifer Boysko [D]
Summary: This bill introduces a constitutional amendment that would help codify marriage equality at the state level and align state and federal marriage laws: It would repeal an outdated constitutional provision that defines marriage as only a union between one man and one woman; define the right to marry as fundamental; and make it illegal to deny a marriage license on the basis of the parties’ sex, gender, or race. Religious organizations and clergy have the right to refuse to solemnize these marriages.
How this legislation could impact AMM Ministers: This legislation doesn’t directly affect ministers who officiate in Virginia.
Read our coverage on previously considered legislation: (2022) Va. Republicans block bill to remove same-sex marriage ban from state constitution ; (2022) Proposed legislation in Virginia and Texas would protect same-sex marriage in 2023
Virginia House Bill 994 (VA HB994)
Primary Sponsor: Del. Karen Keys-Gamarra [D]
Summary: This bill would amend and reenact multiple sections of the law related to the marriage of emanicapted minors: The bill would remove an exception that allows emancipated minors to marry (all parties must then be 18 years old to marry, without exception); and the marriage of a minor or desire to marry would not qualify them to petition for emancipation.
How this legislation could impact AMM Ministers: This legislation doesn’t directly affect ministers who officiate in Virginia, as marriage licenses are issued by the Office of the Clerk of Circuit Court, who will verify the parties' ages. As always, ministers should verify a couple’s identity before signing their marriage license.
West Virginia House Bill 4334 (WV HB4334)
Primary Sponsor: Delegate Chris Pritt [R]
Summary: This bill would allow public officials (government employees) to refuse to issue a marriage license or perform a marriage ceremony if such a service violate their conscience or religious beliefs.
How this legislation could impact AMM Ministers: If passed, this legislation could make it more difficult for interracial, LGBTQ+, and other couples to find authorized officiants to marry them, and would limit penalties for gov. officials who discriminate against them. This would make AMM Ministers and other inclusive officiants even more essential in the state of West Virginia, to ensure that all couples are able to be married by an officiant who honors and respects them.
Wisconsin Senate Joint Resolution 97 (WI SJR97)
Primary Sponsors: Senator Timothy Carpenter [D], Senator Mark Spreitzer [D], Senator Melissa Agard [D], Senator Dianne Hesselbein [D], Senator LaTonya Johnson [D], Senator Christopher Larson [D], Senator Brad Pfaff [D], Senator Kelda Roys [D], and others.
Summary: This resolution is to repeal section 13 of article XIII of the state constitution, which defines marriage as a union between one man and one woman (repealing an out of date and unenforceable ban on same-sex marriages).
How this legislation could impact AMM Ministers: This legislation doesn’t directly affect ministers who officiate in Wisconsin.
What's Next?
Additional marriage legislation will be introduced during the coming weeks and months.
To stay up-to-date about the laws that can affect how people get married or who can perform weddings in your state, you can sign up for the AMM Monthly Newsletter or visit the AMM News page often.
You might also like:
- Who Can Officiate a Non-Religious Wedding Ceremony?
- Are there legal wording requirements in a wedding ceremony?
Are there certain words that a wedding officiant must say for a marriage ceremony to be legally valid? Read the full article here.
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