Marriage Laws

State Laws on Who Can Perform Marriage, Minister Registration, and More.

Each state has its own laws regarding who has the authority to perform marriage. In legal terms, this act is referred to as "Solemnization of Marriage". Although the wording and specifics of the laws vary from state to state, in all states ordained ministers have the authority to solemnize marriage. In other words, being an ordained minister gives you the authority to act as a wedding officiant in all 50 states, Puerto Rico, Washington DC, and US Territories.

Beyond being an ordained minister, some States do require ministers to register with a government office prior to performing marriage. The state marriage laws below indicate if minister registration is required in that state.

No Minister Registration Required

Persons Authorized To Solemnize Marriages in Alabama

Alabama Code - Title 30 Marital and Domestic Relations - Chapter 1: Marriage
§ Section 30-1-7
Tag(s): solemnization of marriage

(a) Generally. Marriages may be solemnized by any licensed minister of the gospel in regular communion with the Christian church or society of which the minister is a member; by an active or retired judge of the Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, any circuit court, or any district court within this state; by a judge of any federal court; or by an active or retired judge of probate. (b) Pastor of religious society; clerk of society to maintain register of marriages; register, etc., deemed presumptive evidence of fact. Marriage may also be solemnized by the pastor of any religious society according to the rules ordained or custom established by such society. The clerk or keeper of the minutes of each society shall keep a register and enter therein a particular account of all marriages solemnized by the society, which register, or a sworn copy thereof, is presumptive evidence of the fact. (c) Quakers, Mennonites, or other religious societies. The people called Mennonites, Quakers, or any other Christian society having similar rules or regulations, may solemnize marriage according to their forms by consent of the parties, published and declared before the congregation assembled for public worship.

(Code 1852, §1946-1948; Code 1867, §2335-2337; Code 1876, §2674-2676; Code 1886, §2311-2313; Code 1896, §2841-2843; Code 1907, §4881-4883; Code 1923, §8995-8997; Code 1940, T. 34, §6-8; Acts 1988, No. 88-551, p. 867; Act 2003-303, p. 721, §1; Act 2004-485, p. 903, §1.)

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No Minister Registration Required

Who May Solemnize in Alaska

Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 5: Solemnization
§ Sec. 25.05.261
Tag(s): solemnization of marriage

(a) Marriages may be solemnized (1) by a minister, priest, or rabbi of any church or congregation in the state, or by a commissioned officer of the Salvation Army, or by the principal officer or elder of recognized churches or congregations that traditionally do not have regular ministers, priests, or rabbis, anywhere within the state; (2) by a marriage commissioner or judicial officer of the state anywhere within the jurisdiction of the commissioner or officer; or (3) before or in any religious organization or congregation according to the established ritual or form commonly practiced in the organization or congregation. (b) This section may not be construed to waive the requirements for obtaining a marriage license.

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No Minister Registration Required

Persons Authorized To Perform Marriage Ceremony; Definition in Arizona

Arizona Revised Statutes - Title 25: Marital and Domestic Regulations - Chapter 1: Marriage - Article 3: Marriage License, Ceremony and Record
§ 25-124
Tag(s): solemnization of marriage

A. The following are authorized to solemnize marriages between persons who are authorized to marry: 1. Duly licensed or ordained clergymen. 2. Judges of courts of record. 3. Municipal court judges. 4. Justices of the peace. 5. Justices of the United States supreme court. 6. Judges of courts of appeals, district courts and courts that are created by an act of Congress if the judges are entitled to hold office during good behavior. 7. Bankruptcy court and tax court judges. 8. United States magistrate judges. 9. Judges of the Arizona court of military appeals. B. For the purposes of this section, "licensed or ordained clergymen" includes ministers, elders or other persons who by the customs, rules and regulations of a religious society or sect are authorized or permitted to solemnize marriages or to officiate at marriage ceremonies.

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Minister Registration Required

Persons Who May Solemnize Marriages in Arkansas

Arkansas Code - Title 9: Family Law - Subtitle 2: Domestic Relations - Chapter 11: Marriage - Subchapter 2: License and Ceremony
§ 9-11-213
Tag(s): solemnization of marriage

(a) For the purpose of being registered and perpetuating the evidence thereof, marriage shall be solemnized only by the following persons: (1) The Governor; (2) Any former justice of the Supreme Court; (3) Any judges of the courts of record within this state, including any former judge of a court of record who served at least four (4) years or more; (4) Any justice of the peace, including any former justice of the peace who served at least two (2) terms since the passage of Arkansas Constitution, Amendment 55; (5) Any regularly ordained minister or priest of any religious sect or denomination; (6) The mayor of any city or town; (7) Any official appointed for that purpose by the quorum court of the county where the marriage is to be solemnized; or (8) Any elected district court judge and any former municipal or district court judge who served at least four (4) years. (b) (1) Marriages solemnized through the traditional rite of the Religious Society of Friends, more commonly known as Quakers, are recognized as valid to all intents and purposes the same as marriages otherwise contracted and solemnized in accordance with law. (2) The functions, duties, and liabilities of a party solemnizing marriage, as set forth in the marriage laws of this state, in the case of marriages solemnized through the traditional marriage rite of the Religious Society of Friends shall be incumbent upon the clerk of the congregation or, in his or her absence, his or her duly designated alternate.

Rev. Stat., ch. 94, § 10; Acts 1873, No. 2, § 1, p. 2; C. & M. Dig., § 7046; Pope's Dig., § 9026; Acts 1947, No. 231, § 1; 1977, No. 95, § 2; 1979, No. 693, § 1; 1983, No. 850, § 1; A.S.A. 1947, § 55-216; Acts 1987, No. 394, § 1; 1997, No. 862, § 1; 2001, No. 1068, § 1; 2003, No. 1185, § 16; 2007, No. 98, § 1.

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No Minister Registration Required

Solemnization Of Marriage in California

California Law - Family Code - DIVISION 3 MARRIAGE - PART 3 - SECTION 400
§ SECTION 400
Tag(s): solemnization of marriage

(a) Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by a priest, minister, rabbi, or authorized person of any religious denomination who is 18 years of age or older. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of his or her faith. Any refusal to solemnize a marriage under this subdivision, either by an individual or by a religious denomination, shall not affect the tax-exempt status of any entity. (b) Consistent with Section 94.5 of the Penal Code and provided that any compensation received is reasonable, including payment of actual expenses, a marriage may also be solemnized by any of the following persons: (1) A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state. (2) A judge or magistrate who has resigned from office. (3) Any of the following judges or magistrates of the United States: (A) A justice or retired justice of the United States Supreme Court. (B) A judge or retired judge of a court of appeals, a district court, or a court created by an act of the United States Congress the judges of which are entitled to hold office during good behavior. (C) A judge or retired judge of a bankruptcy court or a tax court. (D) A United States magistrate or retired magistrate. (c) Except as provided in subdivision (d), a marriage may also be solemnized by any of the following persons who are 18 years of age or older: (1) A Member of the Legislature or constitutional officer of this state or a Member of Congress of the United States who represents a district within this state, or a former Member of the Legislature or constitutional officer of this state or a former Member of Congress of the United States who represented a district within this state. (2) A person that holds or formerly held an elected office of a city, county, or city and county. (3) A city clerk of a charter city or serving in accordance with subdivision (b) of Section 36501 of the Government Code, while that person holds office. (d) (1) A person listed in subdivision (c) shall not accept compensation for solemnizing a marriage while holding office. (2) A person listed in subdivision (c) shall not solemnize a marriage pursuant to this section if they have been removed from office due to committing an offense or have been convicted of an offense that involves moral turpitude, dishonesty, or fraud.

(Amended (as amended by Stats. 2016, Ch. 528, Sec. 1) by Stats. 2017, Ch. 42, Sec. 1. (AB 430) Effective July 10, 2017.)

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No Minister Registration Required

Solemnization And Registration in Colorado

Colorado Revised Statutes - Title 14: Domestic Matters - Article 2: Marriage and Rights of Married Women - Part 1: Uniform Marriage Act
§ 14-2-109
Tag(s): solemnization of marriage

(1) A marriage may be solemnized by a judge of a court, by a court magistrate, by a retired judge of a court, by a public official whose powers include solemnization of marriages, by the parties to the marriage, or in accordance with any mode of solemnization recognized by any religious denomination or Indian nation or tribe. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the county clerk and recorder within sixty days after the solemnization. Any person who fails to forward the marriage certificate to the county clerk and recorder as required by this section shall be required to pay a late fee in an amount of not less than twenty dollars. An additional five-dollar late fee may be assessed for each additional day of failure to comply with the forwarding requirements of this subsection (1) up to a maximum of fifty dollars. For purposes of determining whether a late fee shall be assessed pursuant to this subsection (1), the date of forwarding shall be deemed to be the date of postmark. (2) If a party to a marriage is unable to be present at the solemnization, such party may authorize in writing a third person to act as such party's proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, such person may solemnize the marriage by proxy. If such person is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy. (3) Upon receipt of the marriage certificate, the county clerk and recorder shall register the marriage.

Source: L. 73: R&RE, p. 1019, § 1. C.R.S. 1963: § 90-1-9. L. 79: (1) amended, p. 637, § 1, effective May 25. L. 89: (1) amended, p. 781, § 1, effective April 4. L. 91: (1) amended, p. 359, § 19, effective April 9. L. 93: Entire section amended, p. 438, § 3, effective July 1.

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No Minister Registration Required

Who May Join Persons In Marriage. Penalty For Unauthorized Performance in Connecticut

General Statutes of Connecticut - Volume 12 - Title 46b: Family Law - Chapter 815e: Marriage
§ Sec. 46b-22
Tag(s): solemnization of marriage

(a) Persons authorized to solemnize marriages in this state include (1) all judges and retired judges, either elected or appointed, including federal judges and judges of other states who may legally join persons in marriage in their jurisdictions, (2) family support magistrates, state referees and justices of the peace who are appointed in Connecticut, and (3) all ordained or licensed members of the clergy, belonging to this state or any other state, as long as they continue in the work of the ministry. All marriages solemnized according to the forms and usages of any religious denomination in this state, including marriages witnessed by a duly constituted Spiritual Assembly of the Baha'is, are valid. All marriages attempted to be celebrated by any other person are void. (b) No public official legally authorized to issue marriage licenses may join persons in marriage under authority of a license issued by himself, or his assistant or deputy; nor may any such assistant or deputy join persons in marriage under authority of a license issued by such public official. (c) Any person violating any provision of this section shall be fined not more than fifty dollars.

(1949 Rev., S. 7306; 1951, S. 3001d; 1967, P.A. 129, S. 1; P.A. 78-230, S. 4, 54; P.A. 79-37, S. 1, 2; P.A. 87-316, S. 3; June Sp. Sess. P.A. 01-4, S. 27, 58; P.A. 06-196, S. 276; P.A. 07-79, S. 5.)

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No Minister Registration Required

Solemnization Of Marriages; Production Of License; Penalty; Registration Of Persons Authorized To Solemnize Marriages in Delaware

Delaware Code - Title 13: Domestic Relations - Chapter 1: Marriage - Subchapter I: General Provisions
§ § 106
Tag(s): solemnization of marriage

(a) A clergyperson or minister of any religion, current and former Judges of this State's Supreme Court, Superior Court, Family Court, Court of Chancery, Court of Common Pleas, Justice of the Peace Court, federal Judges, federal Magistrates, clerks of the peace of various counties and current and former judges from other jurisdictions with written authorization by the clerk of the peace from the county in Delaware where the ceremony is to be performed may solemnize marriages between persons who may lawfully enter into the matrimonial relation. The Clerk of the Peace in each county for good cause being shown may: (1) Allow by written permit within that Clerk's respective county, any duly sworn member of another state's judiciary, to solemnize marriages in the State between persons who may lawfully enter into the matrimonial relation. (2) Allow by written permit within that Clerk's respective county, the Clerk of the Peace from another county within the State to solemnize marriages in the State between persons who may lawfully enter into the matrimonial relation. Within the limits of any incorporated municipality, the Mayor thereof may solemnize marriages between persons who may lawfully enter into matrimonial relation. Marriages shall be solemnized in the presence of at least 2 reputable witnesses who shall sign the certificate of marriage as prescribed by this chapter. Marriages may also be solemnized or contracted according to the forms and usages of any religious society. No marriage shall be solemnized or contracted without the production of a license issued pursuant to this chapter. (b) For purposes of this section, the words "resident of this State" shall include the son or daughter of a person who has been domiciled within the State for 1 year or more, notwithstanding the actual place of residence of the son or daughter immediately prior to the date of the marriage. (c) In the case of absence or disability of the duly elected Clerk of the Peace, the chief deputy or, if there is no chief deputy, a deputy employed in the office of the Clerk of the Peace, shall be authorized to solemnize marriages. (d) Whoever, not being authorized by this section, solemnizes a marriage, shall be fined $100, and in default of the payment of such fine shall be imprisoned not more than 30 days, and such marriage shall be void, unless it is in other respects lawful and is consummated with the full belief of either of the parties in its validity.

Code 1852, §§ 1438-1440; 17 Del. Laws, c. 207, § 9; 26 Del. Laws, c. 244, § 6; 27 Del. Laws, c. 261, § 2; Code 1915, §§ 2141, 2993; 32 Del. Laws, c. 182, § 1; Code 1935, §§ 2434, 3486; 13 Del. C. 1953, § 106; 49 Del. Laws, c. 220, § 12; 54 Del. Laws, c. 126, § 1; 57 Del. Laws, c. 129, § 1; 59 Del. Laws, c. 34, § 1; 63 Del. Laws, c. 21, §§ 1, 2; 63 Del. Laws, c. 403, § 1; 70 Del. Laws, c. 30, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 307, §§ 1, 2; 71 Del. Laws, c. 289, § 2; 72 Del. Laws, c. 82, § 1; 75 Del. Laws, c. 113, § 1; 76 Del. Laws, c. 24, § 1; 77 Del. Laws, c. 272, §§ 1-3.;

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No Minister Registration Required

Persons Authorized To Solemnize Matrimony in Florida

Florida Statutes - Title XLIII: Domestic Relations - Chapter 741: Marriage; Domestic Violence
§ 741.07
Tag(s): solemnization of marriage

(1)All regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, including retired judicial officers, clerks of the circuit courts, and notaries public of this state may solemnize the rights of matrimonial contract, under the regulations prescribed by law. Nothing in this section shall make invalid a marriage which was solemnized by any member of the clergy, or as otherwise provided by law prior to July 1, 1978. (2)Any marriage which may be had and solemnized among the people called ?Quakers,? or ?Friends,? in the manner and form used or practiced in their societies, according to their rites and ceremonies, shall be good and valid in law; and wherever the words ?minister? and ?elder? are used in this chapter, they shall be held to include all of the persons connected with the Society of Friends, or Quakers, who perform or have charge of the marriage ceremony according to their rites and ceremonies.

History.?s. 1, Nov. 2, 1829; s. 2, ch. 1127, 1861; RS 2056; GS 2575; RGS 3934; CGL 5853; s. 1, ch. 28104, 1953; s. 1, ch. 74-372; s. 1, ch. 78-15; s. 34, ch. 95-401.

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Effect On Marriage Of Want Of Authority In Person Officiating in Georgia

Georgia Code Annotated - Title 19: Domestic Relations - Chapter 3: Marriage Generally - Article 2: License and Ceremony
§ § 19-3-42
Tag(s): solemnization of marriage

A marriage which is valid in other respects and supposed by the parties to be valid shall not be affected by want of authority in the minister, Governor or any former Governor of this state, judge, city recorder, magistrate, or other person to solemnize the same; nor shall such objection be heard from one party who has fraudulently induced the other to believe that the marriage was legal.

HISTORY: Orig. Code 1863, § 1667; Code 1868, § 1708; Code 1873, § 1709; Code 1882, § 1709; Civil Code 1895, § 2423; Civil Code 1910, § 2492; Code 1933, § 53-213; Ga. L. 1983, p. 884, § 4-1; Ga. L. 2010, p. 394, § 3/SB 238.

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Minister Registration Required

By Whom Solemnized in Hawaii

Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures
§ §572-12
Tag(s): solemnization of marriage

A license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by any minister, priest, or officer of any religious denomination or society who has been ordained or is authorized to solemnize marriages according to the usages of such denomination or society, or any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society, or any justice or judge or magistrate, active or retired, of a state or federal court in the State, upon presentation to such person or society of a license to marry, as prescribed by this chapter. Such person or society may receive the price stipulated by the parties or the gratification tendered.

[CC 1859, §1285; RL 1925, §2950; am L 1929, c 104, §6; RL 1935, §4640; RL 1945, §12361; RL 1955, §323-12; HRS §572-12; am L 1969, c 19, §2; am L 1974, c 15, §1]

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By Whom Solemnized in Idaho

Idaho Statutes - Title 32: Domestic Relations - Chapter 3: Solemnization of Marriage
§ 32-303
Tag(s): solemnization of marriage

Marriage may be solemnized by any of the following Idaho officials: a current or retired justice of the supreme court, a current or retired court of appeals judge, a current or retired district judge, the current or a former governor, the current lieutenant governor, a current or retired magistrate of the district court, a current mayor or by any of the following: a current federal judge, a current tribal judge of an Idaho Indian tribe or other tribal official approved by an official act of an Idaho Indian tribe or priest or minister of the gospel of any denomination. To be a retired justice of the supreme court, court of appeals judge, district judge or magistrate judge of the district court, for the purpose of solemnizing marriages, a person shall have served in one (1) of those offices and shall be receiving a retirement benefit from either the judges retirement system or the public employee retirement system for service in the Idaho judiciary.

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No Minister Registration Required

Solemnization And Registration in Illinois

Illinois Compiled Statutes - Rights and Remedies - Chapter 750. Families - 5. Illinois Marriage and Dissolution of Marriage Act - Part II. Marriage
§ Sec. 209
Tag(s): solemnization of marriage

(a) A marriage may be solemnized by a judge of a court of record, by a retired judge of a court of record, unless the retired judge was removed from office by the Judicial Inquiry Board, except that a retired judge shall not receive any compensation from the State, a county or any unit of local government in return for the solemnization of a marriage and there shall be no effect upon any pension benefits conferred by the Judges Retirement System of Illinois, by a judge of the Court of Claims, by a county clerk in counties having 2,000,000 or more inhabitants, by a public official whose powers include solemnization of marriages, or in accordance with the prescriptions of any religious denomination, Indian Nation or Tribe or Native Group, provided that when such prescriptions require an officiant, the officiant be in good standing with his religious denomination, Indian Nation or Tribe or Native Group. Either the person solemnizing the marriage, or, if no individual acting alone solemnized the marriage, both parties to the marriage, shall complete the marriage certificate form and forward it to the county clerk within 10 days after such marriage is solemnized. (b) The solemnization of the marriage is not invalidated by the fact that the person solemnizing the marriage was not legally qualified to solemnize it, if either party to the marriage believed him to be so qualified or by the fact that the marriage was inadvertently solemnized in a county in Illinois other than the county where the license was issued.

(Source: P.A. 95?775, eff. 1?1?09.)

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Persons Authorized To Solemnize Marriages in Indiana

Indiana Code - Title 31: Family Law and Juvenile Law - Article 11: Marriage - Chapter 6: Authority to Solemnize Marriages
§ IC 31-11-6-1
Tag(s): solemnization of marriage

Marriages may be solemnized by any of the following: (1) A member of the clergy of a religious organization (even if the cleric does not perform religious functions for an individual congregation), such as a minister of the gospel, a priest, a bishop, an archbishop, or a rabbi. (2) A judge. (3) A mayor, within the mayor's county. (4) A clerk or a clerk-treasurer of a city or town, within a county in which the city or town is located. (5) A clerk of the circuit court. (6) The Friends Church, in accordance with the rules of the Friends Church. (7) The German Baptists, in accordance with the rules of their society. (8) The Bahai faith, in accordance with the rules of the Bahai faith. (9) The Church of Jesus Christ of Latter Day Saints, in accordance with the rules of the Church of Jesus Christ of Latter Day Saints. (10) An imam of a masjid (mosque), in accordance with the rules of the religion of Islam.

As added by P.L.1-1997, SEC.3. Amended by P.L.34-1999, SEC.1.

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Who May Solemnize in Iowa

Iowa Code - Title XV. Judicial Branch and Judicial Procedures - Subtitle 1. Domestic Relations - Chapter 595. Marriage
§ 595.10
Tag(s): solemnization of marriage

1. A judge of the supreme court, court of appeals, or district court, including a district associate judge, associate juvenile judge, or a judicial magistrate, and including a senior judge as defined in section 602.9202, subsection 3. 2. A person ordained or designated as a leader of the person?s religious faith.

[C51, §1472; R60, §2524; C73, §2193; C97, §3145; C24, 27, 31, 35, 39, §10436; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §595.10; 81 Acts, ch 188, §1]83 Acts, ch 159, §1; 87 Acts, ch 115, §69; 95 Acts, ch 92, §3

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Solemnizing Marriage; Persons Authorized To Officiate in Kansas

Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
§ 23-104a
Tag(s): solemnization of marriage

(a) Marriage may be validly solemnized and contracted in this state, after a license has been issued for the marriage, in the following manner: By the mutual declarations of the two parties to be joined in marriage, made before an authorized officiating person and in the presence of at least two competent witnesses over 18 years of age, other than the officiating person, that they take each other as husband and wife. (b) The following are authorized to be officiating persons: (1) Any currently ordained clergyman or religious authority of any religious denomination or society; (2) any licentiate of a denominational body or an appointee of any bishop serving as the regular clergyman of any church of the denomination to which the licentiate or appointee belongs, if not restrained from so doing by the discipline of that church or denomination; (3) any judge or justice of a court of record; (4) any municipal judge of a city of this state; and (5) any retired judge or justice of a court of record. (c) The two parties themselves, by mutual declarations that they take each other as husband and wife, in accordance with the customs, rules and regulations of any religious society, denomination or sect to which either of the parties belong, may be married without an authorized officiating person.

History: L. 1968, ch. 207, § 1; L. 1973, ch. 134, § 26; L. 1984, ch. 134, § 1; L. 1996, ch. 194, § 2; July 1.

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Who May Solemnize Marriage Persons Present in Kentucky

Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Solemnization
§ 402.050
Tag(s): solemnization of marriage

(1) Marriage shall be solemnized only by: (a) Ministers of the gospel or priests of any denomination in regular communion with any religious society; (b) Justices and judges of the Court of Justice, retired justices and judges of the Court of Justice except those removed for cause or convicted of a felony, county judges/executive, and such justices of the peace and fiscal court commissioners as the Governor or the county judge/executive authorizes; or (c) A religious society that has no officiating minister or priest and whose usage is to solemnize marriage at the usual place of worship and by consent given in the presence of the society, if either party belongs to the society. (2) At least two (2) persons, in addition to the parties and the person solemnizing the marriage, shall be present at every marriage.

Effective: July 15, 1996History: Amended 1996 Ky. Acts ch. 205, sec. 1, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 50, sec. 1, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 384, sec. 516, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 401, effective January 2, 1978. -- Amended 1968 Ky. Acts ch. 102, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2103, 2107.

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Authority To Perform Marriage Ceremony in Louisiana

Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries - Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles - Part I. Officiants
§ §202
Tag(s): solemnization of marriage

A marriage ceremony may be performed by: (1) A priest, minister, rabbi, clerk of the Religious Society of Friends, or any clergyman of any religious sect, who is authorized by the authorities of his religion to perform marriages, and who is registered to perform marriages; (2) A state judge or justice of the peace.

Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 1997, No. 73, §1.

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Authorization; Penalties in Maine

Maine Revised Statutes - Title 19-A: Domestic Relations - Part 2: Married Persons - Chapter 23: Marriage - Subchapter 1: General Provisions
§ §655
Tag(s): solemnization of marriage

1. Persons authorized to solemnize marriages. The following may solemnize marriages in this State: A. If a resident of this State: (1) A justice or judge; (2) A lawyer admitted to the Maine Bar; or (4) A notary public under Title 4, chapter 19; and [2001, c. 574, §6 (AMD).] B. Whether a resident or nonresident of this State and whether or not a citizen of the United States: (1) An ordained minister of the gospel; (2) A cleric engaged in the service of the religious body to which the cleric belongs; or (3) A person licensed to preach by an association of ministers, religious seminary or ecclesiastical body. [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).] [ 2001, c. 574, §6 (AMD) .] 2. Enforcement. The State Registrar of Vital Statistics shall enforce this section as far as it comes within the state registrar's power and shall notify the district attorney of the county in which the penalty should be enforced of the facts that have come to the state registrar's knowledge. Upon receipt of this notice, the district attorney shall prosecute the person who violated this section. [ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF) .]

SECTION HISTORY 1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 2001, c. 574, §6 (AMD).

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Performance Of Ceremony in Maryland

Maryland Code - Family Law - Title 2. Marriage - Subtitle 4: Licensing and Performance
§ § 2-406
Tag(s): solemnization of marriage

(a) Authorized officials.- (1) In this subsection, "judge" means: (i) a judge of the District Court, a circuit court, the Court of Special Appeals, or the Court of Appeals; (ii) a judge approved under Article IV, § 3A of the Maryland Constitution and § 1-302 of the Courts Article for recall and assignment to the District Court, a circuit court, the Court of Special Appeals, or the Court of Appeals; (iii) a judge of a United States District Court, a United States Court of Appeals, or the United States Tax Court; or (iv) a judge of a state court if the judge is active or retired but eligible for recall. (2) A marriage ceremony may be performed in this State by: (i) any official of a religious order or body authorized by the rules and customs of that order or body to perform a marriage ceremony; (ii) any clerk; (iii) any deputy clerk designated by the county administrative judge of the circuit court for the county; or (iv) a judge. (b) Period during which ceremony may be performed.- Within 6 months after a license becomes effective, any authorized official may perform the marriage ceremony of the individuals named in the license. (c) Performance by unauthorized individual prohibited; penalty.- (1) An individual may not perform a marriage ceremony unless the individual is authorized to perform a marriage ceremony under subsection (a) of this section. (2) An individual who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500. (d) Performance between individuals within prohibited degrees prohibited; penalty.- (1) An individual may not knowingly perform a marriage ceremony between individuals who are prohibited from marrying under § 2-202 of this title. (2) An individual who violates the provisions of this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500. (e) Performance without license prohibited; penalty.- (1) An individual may not perform a marriage ceremony without a license that is effective under this subtitle. (2) An individual who violates the provisions of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500. (f) Ceremony performed by a clerk or deputy clerk.- The county administrative judge of the circuit court for the county shall designate: (1) when and where the clerk or deputy clerk may perform a marriage ceremony; and (2) the form of the marriage ceremony to be recited by the clerk or deputy clerk and the parties being married. (g) Forms of religious ceremonies.- This section does not affect the right of any religious denomination to perform a marriage ceremony in accordance with the rules and customs of the denomination.

[An. Code 1957, art. 27, §§ 392, 394; art. 62, §§ 3A, 4, 15; 1984, ch. 296, § 2; 1999, ch. 336, § 2; 2002, ch. 207; 2004, ch. 199; 2009, ch. 324.]

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Situs; Persons Authorized in Massachusetts

Massachusetts General Laws - Part II: Real and Personal Property and Domestic Relations - Title III: Domestic Relations - Chapter 207: Marriage
§ Section 38
Tag(s): solemnization of marriage

A marriage may be solemnized in any place within the commonwealth by the following persons who are residents of the commonwealth: a duly ordained minister of the gospel in good and regular standing with his church or denomination, including an ordained deacon in The United Methodist Church or in the Roman Catholic Church; a commissioned cantor or duly ordained rabbi of the Jewish faith; by a justice of the peace if he is also clerk or assistant clerk of a city or town, or a registrar or assistant registrar, or a clerk or assistant clerk of a court or a clerk or assistant clerk of the senate or house of representatives, by a justice of the peace if he has been designated as provided in the following section and has received a certificate of designation and has qualified thereunder; an authorized representative of a Spiritual Assembly of the Baha?is in accordance with the usage of their community; a priest or minister of the Buddhist religion; a minister in fellowship with the Unitarian Universalist Association and ordained by a local church; a leader of an Ethical Culture Society which is duly established in the commonwealth and recognized by the American Ethical Union and who is duly appointed and in good and regular standing with the American Ethical Union; the Imam of the Orthodox Islamic religion; and, it may be solemnized in a regular or special meeting for worship conducted by or under the oversight of a Friends or Quaker Monthly Meeting in accordance with the usage of their Society; and, it may be solemnized by a duly ordained nonresident minister of the gospel if he is a pastor of a church or denomination duly established in the commonwealth and who is in good and regular standing as a minister of such church or denomination, including an ordained deacon in The United Methodist Church or in the Roman Catholic Church; and, it may be solemnized according to the usage of any other church or religious organization which shall have complied with the provisions of the second paragraph of this section. Churches and other religious organizations shall file in the office of the state secretary information relating to persons recognized or licensed as aforesaid, and relating to usages of such organizations, in such form and at such times as the secretary may require.

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Persons Authorized To Solemnize Marriage; Records; Returns; Disposition Of Fees Charged By Mayor Or County Clerk in Michigan

Michigan Compiled Laws - Chapter 551: Marriage
§ 551.7
Tag(s): solemnization of marriage

(1) Marriages may be solemnized by any of the following: (a) A judge of the district court, in the district in which the judge is serving. (b) A district court magistrate, in the district in which the magistrate serves. (c) A municipal judge, in the city in which the judge is serving or in a township over which a municipal court has jurisdiction under section 9928 of the revised judicature act of 1961, 1961 PA 236, MCL 600.9928. (d) A judge of probate, in the county or probate court district in which the judge is serving. (e) A judge of a federal court. (f) A mayor of a city, anywhere in a county in which that city is located. (g) A county clerk in the county in which the clerk serves, or in another county with the written authorization of the clerk of the other county. (h) For a county having more than 2,000,000 inhabitants, an employee of the county clerk's office designated by the county clerk, in the county in which the clerk serves. (i) A minister of the gospel or cleric or religious practitioner, anywhere in the state, if the minister or cleric or religious practitioner is ordained or authorized to solemnize marriages according to the usages of the denomination. (j) A minister of the gospel or cleric or religious practitioner, anywhere in the state, if the minister or cleric or religious practitioner is not a resident of this state but is authorized to solemnize marriages under the laws of the state in which the minister or cleric or religious practitioner resides. (2) A person authorized by this act to solemnize a marriage shall keep proper records and make returns as required by section 4 of 1887 PA 128, MCL 551.104. (3) If a mayor of a city solemnizes a marriage, the mayor shall charge and collect a fee to be determined by the council of that city, which shall be paid to the city treasurer and deposited in the general fund of the city at the end of the month. (4) If the county clerk or, in a county having more than 2,000,000 inhabitants, an employee of the clerk's office designated by the county clerk solemnizes a marriage, the county clerk shall charge and collect a fee to be determined by the commissioners of the county in which the clerk serves. The fee shall be paid to the treasurer for the county in which the clerk serves and deposited in the general fund of that county at the end of the month.

History: R.S. 1846, Ch. 83 ;-- CL 1857, 3210 ;-- CL 1871, 4725 ;-- Am. 1873, Act 85, Eff. July 31, 1873 ;-- How. 6215 ;-- CL 1897, 8594 ;-- Am. 1903, Act 139, Eff. Sept. 17, 1903 ;-- Am. 1909, Act 235, Eff. Sept. 1, 1909 ;-- CL 1915, 11368 ;-- CL 1929, 12696 ;-- Am. 1931, Act 28, Imd. Eff. Apr. 21, 1931 ;-- Am. 1937, Act 42, Eff. Oct. 29, 1937 ;-- CL 1948, 551.7 ;-- Am. 1972, Act 211, Eff. July 1, 1972 ;-- Am. 1975, Act 175, Imd. Eff. July 20, 1975 ;-- Am. 1979, Act 24, Imd. Eff. June 6, 1979 ;-- Am. 1983, Act 64, Imd. Eff. May 26, 1983 ;-- Am. 2006, Act 419, Imd. Eff. Sept. 29, 2006 ;-- Am. 2006, Act 613, Imd. Eff. Jan. 3, 2007 ;-- Am. 2008, Act 47, Imd. Eff. Mar. 27, 2008

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Persons Authorized To Perform Marriages in Minnesota

Minnesota Statutes - Chapter 517: Marriage
§ 517.04
Tag(s): solemnization of marriage

Marriages may be solemnized throughout the state by an individual who has attained the age of 21 years and is a judge of a court of record, a retired judge of a court of record, a court administrator, a retired court administrator with the approval of the chief judge of the judicial district, a former court commissioner who is employed by the court system or is acting pursuant to an order of the chief judge of the commissioner's judicial district, the residential school administrators of the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind, a licensed or ordained minister of any religious denomination, or by any mode recognized in section 517.18.

History: (8565) RL s 3555; 1978 c 772 s 3; 1981 c 101 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 377 s 10; 1987 c 384 art 1 s 55; 1991 c 85 s 1; 1995 c 129 s 1; 2009 c 129 s 3

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By Whom Marriages May Be Solemnized in Mississippi

Mississippi Code - Title 93: Domestic Relations - Chapter 1: Marriage
§ § 93-1-17
Tag(s): solemnization of marriage

Any minister of the gospel ordained according to the rules of his church or society, in good standing; any Rabbi or other spiritual leader of any other religious body authorized under the rules of such religious body to solemnize rites of matrimony and being in good standing; any judge of the Supreme Court, Court of Appeals, circuit court, chancery court or county court may solemnize the rites of matrimony between any persons anywhere within this state who shall produce a license granted as herein directed. Justice court judges and members of the boards of supervisors may likewise solemnize the rites of matrimony within their respective counties. Any marriages performed by a mayor of a municipality prior to March 14, 1994 are valid provided such marriages satisfy the requirements of Section 93-1-18.

Sources: Codes, Hutchinson's 1848, ch. 34, art. 1 (1); 1857, ch. 40, art. 1; 1871, § 1755; 1880, § 1150; 1892, § 2862; 1906, § 3247; Hemingway's 1917, § 2554; 1930, § 2365; 1942, § 463; Laws, 1962, ch. 490; Laws, 1984, ch. 412; Laws, 1993, ch. 518, § 35; Laws, 1994, ch. 330, § 2, eff from and after passage (approved March 14, 1994).

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Marriages Solemnized By Whom in Missouri

Missouri Revised Statutes - Title XXX: Domestic Relations - Chapter 451: Marriage, Marriage Contracts, and Rights of Married Women
§ 451.100
Tag(s): solemnization of marriage

Marriages may be solemnized by any clergyman, either active or retired, who is in good standing with any church or synagogue in this state. Marriages may also be solemnized, without compensation, by any judge, including a municipal judge. Marriages may also be solemnized by a religious society, religious institution, or religious organization of this state, according to the regulations and customs of the society, institution or organization, when either party to the marriage to be solemnized is a member of such society, institution or organization.

(RSMo 1939 § 3363, A.L. 1945 p. 1145, A.L. 1969 p. 545, A.L. 1978 H.B. 1634, A.L. 1989 H.B. 898, A.L. 1998 H.B. 987)Prior revisions: 1929 § 2976; 1919 § 7301; 1909 § 8282

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Solemnization And Registration in Montana

Montana Code Annotated - Title 40: Family Law - Chapter 1: Marriage - Part 3: Solemnization
§ 40-1-301
Tag(s): solemnization of marriage

(1) A marriage may be solemnized by a judge of a court of record, by a public official whose powers include solemnization of marriages, by a mayor, city judge, or justice of the peace, by a tribal judge, or in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe, or native group. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the clerk of the district court. (2) If a party to a marriage is unable to be present at the solemnization, the party may authorize in writing a third person to act as proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, the person may solemnize the marriage by proxy. If the person solemnizing the marriage is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy. (3) The solemnization of the marriage is not invalidated by the fact that the person solemnizing the marriage was not legally qualified to solemnize it if either party to the marriage believed that person to be qualified. (4) One party to a proxy marriage must be a member of the armed forces of the United States on federal active duty or a resident of Montana at the time of application for a license and certificate pursuant to 40-1-202. One party or a legal representative shall appear before the clerk of court and pay the marriage license fee. For the purposes of this subsection, residency must be determined in accordance with 1-1-215.

History: En. 48-309 by Sec. 9, Ch. 536, L. 1975; amd. Sec. 9, Ch. 33, L. 1977; R.C.M. 1947, 48-309(1), (2), (4); amd. Sec. 1, Ch. 247, L. 1979; amd. Sec. 3, Ch. 348, L. 1985; amd. Sec. 2, Ch. 235, L. 2007.

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Marriage Ceremony; Who May Perform; Return; Contents in Nebraska

Nebraska Revised Statutes - Chapter 42: Husband and Wife
§ 42-108
Tag(s): solemnization of marriage

Every judge, retired judge, clerk magistrate, or retired clerk magistrate, and every preacher of the gospel authorized by the usages of the church to which he or she belongs to solemnize marriages, may perform the marriage ceremony in this state. Every such person performing the marriage ceremony shall make a return of his or her proceedings in the premises, showing the names and residences of at least two witnesses who were present at such marriage. The return shall be made to the county clerk who issued the license within fifteen days after such marriage has been performed. The county clerk shall record the return or cause it to be recorded in the same book where the marriage license is recorded.

SourceR.S.1866, c. 34, § 8, p. 255; Laws 1869, § 2, p. 168; R.S.1913, § 1547; C.S.1922, § 1496; Laws 1927, c. 77, § 1, p. 242; C.S.1929, § 42-108; R.S.1943, § 42-108; Laws 1951, c. 124, § 1, p. 542; Laws 1971, LB 42, § 2; Laws 1972, LB 1032, § 249; Laws 1973, LB 226, § 28; Laws 1981, LB 55, § 1; Laws 1986, LB 525, § 8; Laws 2006, LB 1115, § 28.

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Licensed, Ordained Or Appointed Ministers, Other Persons Authorized To Solemnize A Marriage And Chaplains Of Armed Forces To Obtain Certificates From County Clerk; Temporary Replacements; Solemnization By Minister Or Other Authorized Person Who Resides In Another State Or Who Is Retired in Nevada

Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Certificates of Permission to Perform Marriages
§ NRS 122.062
Tag(s): solemnization of marriage

1. Any licensed, ordained or appointed minister or other person authorized to solemnize a marriage in good standing within his or her church or religious organization, or either of them, incorporated, organized or established in this State, may join together as husband and wife persons who present a marriage license obtained from any county clerk of the State, if the minister or other person authorized to solemnize a marriage first obtains a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073, inclusive. The fact that a minister or other person authorized to solemnize a marriage is retired does not disqualify him or her from obtaining a certificate of permission to perform marriages if, before retirement, the minister or other person authorized to solemnize a marriage had active charge of a church or religious organization for a period of at least 3 years. 2. A temporary replacement for a licensed, ordained or appointed minister or other person authorized to solemnize a marriage certified pursuant to NRS 122.062 to 122.073, inclusive, may solemnize marriages pursuant to subsection 1 during such time as he or she may be authorized to do so by the county clerk in the county in which he or she is a temporary replacement, for a period not to exceed 90 days. The minister or other person authorized to solemnize a marriage whom he or she temporarily replaces shall provide him or her with a written authorization which states the period during which it is effective. 3. Any chaplain who is assigned to duty in this State by the Armed Forces of the United States may solemnize marriages if the chaplain obtains a certificate of permission to perform marriages from the county clerk of the county in which his or her duty station is located. The county clerk shall issue such a certificate to a chaplain upon proof of his or her military status as a chaplain and of his or her assignment. 4. A county clerk may authorize a licensed, ordained or appointed minister or other person authorized to solemnize a marriage whose residence and church or religious organization is in another state or who is retired, if his or her service was as described in subsection 1, to perform marriages in the county if the county clerk is satisfied that the minister or other person authorized to solemnize a marriage is in good standing with his or her church or religious organization pursuant to this section. The authorization must be in writing and need not be filed with any other public officer. A separate authorization is required for each marriage performed. Such a minister or other person authorized to solemnize a marriage may perform not more than five marriages in this State in any calendar year and must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of this chapter governing the conduct of ministers or other persons authorized to solemnize a marriage to the same extent as if he or she were a minister or other person authorized to solemnize a marriage residing in this State.

(Added to NRS by 1967, 1289; A 1969, 37; 1993, 1462; 1997, 2040; 1999, 520, 541; 2009, 724)

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Solemnization Of Marriage in New Hampshire

New Hampshire Statutes - Title 63: Domestic Relations ? Chapter 457: Marriages
§ Section 457:31
Tag(s): solemnization of marriage

A marriage may be solemnized in the following manner: I. In a civil ceremony by a justice of the peace as commissioned by the state and by judges of the United States appointed pursuant to Article III of the United States Constitution, by bankruptcy judges appointed pursuant to Article I of the United States Constitution, or by United States magistrate judges appointed pursuant to federal law; or II. In a religious ceremony by any minister of the gospel in the state who has been ordained according to the usage of his or her denomination, resides in the state, and is in regular standing with the denomination; by any member of the clergy who is not ordained but is engaged in the service of the religious body to which he or she belongs, and who resides in the state, after being licensed therefor by the secretary of state; or within his or her parish, by any minister residing out of the state, but having a pastoral charge wholly or partly in this state.

Source. RS 147:6. CS 156:6. 1861, 2484:1. GS 161:9. 1877, 57:1. GL 180:9. PS 174:8. 1919, 56:1. 1921, 79:1. PL 286:28. RL 338:31. RSA 457:31. 1969, 435:1. 1998, 294:1. 2001, 11:1, eff. April 24, 2001. 2006, 86:2, eff. July 4, 2006. 2009, 59:3, eff. Jan. 1, 2010.

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Authorization To Solemnize Marriages And Civil Unions in New Jersey

New Jersey Permanent Statutes - Title 37: Marriages and Married Persons
§ 37:1-13
Tag(s): solemnization of marriage

Each judge of the United States Court of Appeals for the Third Circuit, each judge of a federal district court, United States magistrate, judge of a municipal court, judge of the Superior Court, judge of a tax court, retired judge of the Superior Court or Tax Court, or judge of the Superior Court or Tax Court, the former County Court, the former County Juvenile and Domestic Relations Court, or the former County District Court who has resigned in good standing, surrogate of any county, county clerk and any mayor or the deputy mayor when authorized by the mayor, or chairman of any township committee or village president of this State, and every minister of every religion, are hereby authorized to solemnize marriages or civil unions between such persons as may lawfully enter into the matrimonial relation or civil union; and every religious society, institution or organization in this State may join together in marriage or civil union such persons according to the rules and customs of the society, institution or organization.

Amended 1948, c.334, s.1; 1949, c.7, s.1; 1953, c.34, s.3; 1964, c.68; 1965, c.36; 1976, c.36; 1979, c.38; 1979, c.93; 1979, c.166, s.1; 1983, c.159; 1983, c.503; 1989, c.111; 1991, c.404; 1993, c.126; 1993, c.324; 1998, c.24; 2001, c.143; 2006, c.103, s.17.

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Clergymen Or Civil Magistrates May Solemnize; Fees in New Mexico

New Mexico Statutes Annotated - Chapter 40: Domestic Affairs - Article 1: Marriage in General
§ 40-1-2
Tag(s): solemnization of marriage

A. A person may solemnize the contract of matrimony by means of an ordained clergyman or authorized representative of a federally recognized Indian tribe, without regard to the sect to which he may belong or the rites and customs he may practice. B. Judges, justices and magistrates of any of the courts established by the constitution of New Mexico, United States constitution, laws of the state or laws of the United States are civil magistrates having authority to solemnize contracts of matrimony. C. Civil magistrates solemnizing contracts of matrimony shall charge no fee therefor.

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By Whom A Marriage Must Be Solemnized in New York

Laws of New York ? DOM Domestic Relations ? Article 3 ? Section 11
§ § 11
Tag(s): solemnization of marriage

§ 11. By whom a marriage must be solemnized. No marriage shall be valid unless solemnized by either: 1. A clergyman or minister of any religion, or by the senior leader, or any of the other leaders, of The Society for Ethical Culture in the city of New York, having its principal office in the borough of Manhattan, or by the leader of The Brooklyn Society for Ethical Culture, having its principal office in the borough of Brooklyn of the city of New York, or of the Westchester Ethical Society, having its principal office in Westchester county, or of the Ethical Culture Society of Long Island, having its principal office in Nassau county, or of the Riverdale-Yonkers Ethical Society having its principal office in Bronx county, or by the leader of any other Ethical Culture Society affiliated with the American Ethical Union. 2. A mayor of a village, a county executive of a county, or a mayor, recorder, city magistrate, police justice or police magistrate of a city, a former mayor or the city clerk of a city of the first class of over one million inhabitants or any of his or her deputies or not more than four regular clerks, designated by him or her for such purpose as provided in section eleven-a of this chapter, except that in cities which contain more than one hundred thousand and less than one million inhabitants, a marriage shall be solemnized by the mayor, or police justice, and by no other officer of such city, except as provided in subdivisions one and three of this section. 3. A judge of the federal circuit court of appeals for the second circuit, a judge of a federal district court for the northern, southern, eastern or western district of New York, a judge of the United States court of international trade, a federal administrative law judge presiding in this state, a justice or judge of a court of the unified court system, a housing judge of the civil court of the city of New York, a retired justice or judge of the unified court system or a retired housing judge of the civil court of the city of New York certified pursuant to paragraph (k) of subdivision two of section two hundred twelve of the judiciary law, the clerk of the appellate division of the supreme court in each judicial department, a retired city clerk who served for more than ten years in such capacity in a city having a population of one million or more or a county clerk of a county wholly within cities having a population of one million or more; or, 4. A written contract of marriage signed by both parties and at least two witnesses, all of whom shall subscribe the same within this state, stating the place of residence of each of the parties and witnesses and the date and place of marriage, and acknowledged before a judge of a court of record of this state by the parties and witnesses in the manner required for the acknowledgment of a conveyance of real estate to entitle the same to be recorded. 5. Notwithstanding any other provision of this article, where either or both of the parties is under the age of eighteen years a marriage shall be solemnized only by those authorized in subdivision one of this section or by (1) the mayor of a city or village, or county executive of a county, or by (2) a judge of the federal circuit court of appeals for the second circuit, a judge of a federal district court for the northern, southern, eastern or western district of New York, a judge of the United States court of international trade, or a justice or a judge of a court of the unified court system, or by (3) a housing judge of the civil court of the city of New York, or by (4) a former mayor or the clerk of a city of the first class of over one million inhabitants or any of his or her deputies designated by him or her for such purposes as provided in section eleven-a of this chapter. 6. Notwithstanding any other provisions of this article to the contrary no marriage shall be solemnized by a public officer specified in this section, other than a judge of a federal district court for the northern, southern, eastern or western district of New York, a judge of the United States court of international trade, a federal administrative law judge presiding in this state, a judge or justice of the unified court system of this State, a housing judge of the civil court of the city of New York, or a retired judge or justice of the unified court system or a retired housing judge of the civil court certified pursuant to paragraph (k) of subdivision two of section two hundred twelve of the judiciary law, outside the territorial jurisdiction in which he or she was elected or appointed. Such a public officer, however, elected or appointed within the city of New York may solemnize a marriage anywhere within such city. 7. The term "clergyman" or "minister" when used in this article, shall include those defined in section two of the religious corporations law. The word "magistrate, " when so used, includes any person referred to in the second or third subdivision.

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Penalty For Solemnizing Without License in North Carolina

North Carolina General Statutes ? Chapter 51: Marriage ? Article 2: Marriage Licenses
§ 51?7
Tag(s): solemnization of marriage

Every minister, officer, or any other person authorized to solemnize a marriage under the laws of this State, who marries any couple without a license being first delivered to that person, as required by law, or after the expiration of such license, or who fails to return such license to the register of deeds within 10 days after any marriage celebrated by virtue thereof, with the certificate appended thereto duly filled up and signed, shall forfeit and pay two hundred dollars ($200.00) to any person who sues therefore, and shall also be guilty of a Class 1 misdemeanor.

(R.C., c. 68, ss. 6, 13; 1871?2, c. 193, s. 8; Code, s. 1817; Rev., ss. 2087, 3372; C.S., s. 2499; 1953, c. 638, s. 1; 1967, c. 957, s. 5; 1993, c. 539, s. 415; 1994, Ex. Sess., c. 24, s. 14(c); 2001?62, s. 7.)

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Who May Solemnize Marriages in North Dakota

North Dakota Century Code - Title 14: Domestic Relations and Person - Chapter 3: Marriage Contract
§ 14-03-09
Tag(s): solemnization of marriage

Marriages may be solemnized by all judges of courts of record; municipal judges; recorders, unless the board of county commissioners designates a different official; ordained ministers of the gospel; priests; clergy licensed by recognized denominations pursuant to chapter 10-33; and by any person authorized by the rituals and practices of any religious persuasion.

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Who May Solemnize Marriages in Ohio

Ohio Revised Code - Title XXXI: Domestic Relations ? Children - Chapter 3031: Marriage
§ 3101.08
Tag(s): solemnization of marriage

An ordained or licensed minister of any religious society or congregation within this state who is licensed to solemnize marriages, a judge of a county court in accordance with section 1907.18 of the Revised Code, a judge of a municipal court in accordance with section 1901.14 of the Revised Code, a probate judge in accordance with section 2101.27 of the Revised Code, the mayor of a municipal corporation in any county in which such municipal corporation wholly or partly lies, the superintendent of the state school for the deaf, or any religious society in conformity with the rules of its church, may join together as husband and wife any persons who are not prohibited by law from being joined in marriage.

Effective Date: 04-11-1991

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Solemnization Of Marriages; Production Of License; Penalty; Registration Of Persons Authorized To Solemnize Marriages in Oklahoma

Oklahoma Statutes - Title 43: Husband and Wife
§ §43-7
Tag(s): solemnization of marriage

A. All marriages must be contracted by a formal ceremony performed or solemnized in the presence of at least two adult, competent persons as witnesses, by a judge or retired judge of any court in this state, or an ordained or authorized preacher or minister of the Gospel, priest or other ecclesiastical dignitary of any denomination who has been duly ordained or authorized by the church to which he or she belongs to preach the Gospel, or a rabbi and who is at least eighteen (18) years of age. B. 1. The judge shall place his or her order of appointment on file with the office of the court clerk of the county in which he or she resides. 2. The preacher, minister, priest, rabbi, or ecclesiastical dignitary who is a resident of this state shall have filed, in the office of the court clerk of the county in which he or she resides, a copy of the credentials or authority from his or her church or synagogue authorizing him or her to solemnize marriages. 3. The preacher, minister, priest, rabbi, or ecclesiastical dignitary who is not a resident of this state, but has complied with the laws of the state of which he or she is a resident, shall have filed once, in the office of the court clerk of the county in which he or she intends to perform or solemnize a marriage, a copy of the credentials or authority from his or her church or synagogue authorizing him or her to solemnize marriages. 4. The filing by resident or nonresident preachers, ministers, priests, rabbis, ecclesiastical dignitaries or judges shall be effective in and for all counties of this state; provided, no fee shall be charged for such recording. C. No person herein authorized to perform or solemnize a marriage ceremony shall do so unless the license issued therefor be first delivered into his or her possession nor unless he or she has good reason to believe the persons presenting themselves before him or her for marriage are the identical persons named in the license, and for whose marriage the same was issued, and that there is no legal objection or impediment to such marriage. D. Marriages between persons belonging to the society called Friends, or Quakers, the spiritual assembly of the Baha'is, or the Church of Jesus Christ of Latter Day Saints, which have no ordained minister, may be solemnized by the persons and in the manner prescribed by and practiced in any such society, church, or assembly.

R.L. 1910, § 3889. Amended by Laws 1951, p. 113, § 1; Laws 1961, p. 285, § 1; Laws 1971, c. 298, § 1, emerg. eff. June 24, 1971; Laws 1986, c. 24, § 1, eff. Nov. 1, 1986; Laws 1989, c. 333, § 3, eff. Nov. 1, 1989; Laws 1998, c. 214, § 1, eff. Nov. 1, 1998; Laws 1999, c. 305, § 1, emerg. eff. June 4, 1999.

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Validity Of Marriage Solemnized By Unauthorized Person in Oregon

Oregon Revised Statutes - Title 11: Domestic Relations - Chapter 106: Marriage; Domestic Partnership
§ 106.130
Tag(s): solemnization of marriage

A marriage solemnized before any person professing to be a judicial officer of this state, a county clerk or a clergyperson of a religious congregation or organization therein is not void, nor shall the validity thereof be in any way affected, on account of any want of power or authority in such person, if such person was acting at the time in the office or the capacity of a person authorized to solemnize marriage and if such marriage is consummated with the belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.

[Amended by 1979 c.724 §4; 2001 c.501 §5]

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Persons Qualified To Solemnize Marriages in Pennsylvania

Pennsylvania Consolidated Statutes - Title 23: Domestic Relations - Part 2: Marriage - Chapter 15: Marriage Ceremony
§ § 1503
Tag(s): solemnization of marriage

(a) General rule.--The following are authorized to solemnize marriages between persons that produce a marriage license issued under this part: (1) A justice, judge or magisterial district judge of this Commonwealth. (2) A former or retired justice, judge or magisterial district judge of this Commonwealth who is serving as a senior judge or senior magisterial district judge as provided or prescribed by law; or not serving as a senior judge or senior magisterial district judge but meets the following criteria: (i) has served as a magisterial district judge, judge or justice, whether or not continuously or on the same court, by election or appointment for an aggregate period equaling a full term of office; (ii) has not been defeated for reelection or retention; (iii) has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to any misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation; (iv) has not resigned a judicial commission to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies or by the Judicial Conduct Board; (v) has not been removed from office by the Court of Judicial Discipline; and (vi) is a resident of this Commonwealth. (3) An active or senior judge or full-time magistrate of the District Courts of the United States for the Eastern, Middle or Western District of Pennsylvania. (3.1) An active, retired or senior bankruptcy judge of the United States Bankruptcy Courts for the Eastern, Middle or Western District of Pennsylvania who is a resident of this Commonwealth. (4) An active, retired or senior judge of the United States Court of Appeals for the Third Circuit who is a resident of this Commonwealth. (5) A mayor of any city or borough of this Commonwealth. (5.1) A former mayor of a city or borough of this Commonwealth who: (i) has not been defeated for reelection; (ii) has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to a misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or any one of its possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation; (iii) has not resigned the position of mayor to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies; (iv) has served as a mayor, whether continuously or not, by election for an aggregate of a full term in office; and (v) is a resident of this Commonwealth. (6) A minister, priest or rabbi of any regularly established church or congregation. (b) Religious organizations.--Every religious society, religious institution or religious organization in this Commonwealth may join persons together in marriage when at least one of the persons is a member of the society, institution or organization, according to the rules and customs of the society, institution or organization. (c) Marriage license needed to officiate.--No person or religious organization qualified to perform marriages shall officiate at a marriage ceremony without the parties having obtained a marriage license issued under this part.

(June 22, 2000, P.L.443, No.59, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Dec. 1, 2004, P.L.1777, No.232, eff. 60 days; July 14, 2009, P.L.81, No.18, eff. imd.)

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Officials Empowered To Join Persons In Marriage in Rhode Island

State of Rhode Island General Laws - Title 15: Domestic Relations - Chapter 15-3: Solemnization of Marriage
§ 15-3-5
Tag(s): solemnization of marriage

Every ordained clergy or elder in good standing, every justice of the supreme court, superior court, family court, workers' compensation court, district court or traffic tribunal, the clerk of the supreme court, every clerk or general chief clerk of a superior court, family court, district court, or traffic tribunal, magistrates, special or general magistrates of the superior court, family court, traffic tribunal or district court, administrative clerks of the district court, administrators of the workers' compensation court, every former justice or judge and former administrator of these courts and every former chief clerk of the district court, and every former clerk or general chief clerk of a superior court, the secretary of the senate, elected clerks of the general assembly, any former secretary of the senate or any former elected clerk of the general assembly who retires after July 1, 2007, judges of the United States appointed pursuant to Article III of the United States Constitution, bankruptcy judges appointed pursuant to Article I of the United States Constitution, and United States magistrate judges appointed pursuant to federal law, may join persons in marriage in any city or town in this state; and every justice and every former justice of the municipal courts of the cities and towns in this state and of the police court of the town of Johnston and every probate judge and every former probate judge may join persons in marriage in any city or town in this state, and wardens of the town of New Shoreham may join persons in marriage in New Shoreham.

History of Section.(G.L. 1896, ch. 191, § 8; C.P.A. 1905, § 1228; G.L. 1909, ch. 243, § 8; P.L. 1922, ch. 2207, § 1; G.L. 1923, ch. 287, § 8; P.L. 1932, ch. 1896, § 1; P.L. 1933, ch. 2042, § 1; G.L. 1938, ch. 415, § 8; P.L. 1949, ch. 2290, § 1; G.L. 1956, § 15-3-5; P.L. 1974, ch. 290, § 1; P.L. 1978, ch. 326, § 1; P.L. 1979, ch. 327, § 1; P.L. 1980, ch. 382, § 1; P.L. 1981, ch. 363, § 2; P.L. 1987, ch. 489, § 1; P.L. 1988, ch. 561, § 1; P.L. 1988, ch. 607, § 1; P.L. 1990, ch. 139, § 1; P.L. 1990, ch. 163, § 1; P.L. 1991, ch. 132, § 5; P.L. 1991, ch. 205, § 4; P.L. 1994, ch. 103, § 1; P.L. 1994, ch. 199, § 1; P.L. 1994, ch. 249, § 1; P.L. 1998, ch. 451, § 1; P.L. 2002, ch. 70, § 1; P.L. 2002, ch. 123, § 1; P.L. 2004, ch. 6, § 42; P.L. 2004, ch. 444, § 1; P.L. 2007, ch. 174, § 1; P.L. 2007, ch. 259, § 1; P.L. 2008, ch. 85, § 1; P.L. 2008, ch. 89, § 1.)

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Persons Who May Perform Marriage Ceremony in South Carolina

South Carolina Code of Laws - Title 20: Domestic Relations - Chapter 1: Marriage - Article 1: General Provisions
§ 20-1-20
Tag(s): solemnization of marriage

Only ministers of the Gospel, Jewish rabbis, officers authorized to administer oaths in this State, and the chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs pursuant to Section 1-31-40 are authorized to administer a marriage ceremony in this State.

HISTORY: 1962 Code Section 20-2; 1952 Code Section 20-2; 1942 Code Section 8565; 1932 Code Section 8565; Civ. C. '22 Section 5530; Civ. C. '12 Section 3751; 1911 (27) 131; 2008 Act No. 322, Section 1, eff June 16, 2008.

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Persons Authorized To Solemnize Marriages in South Dakota

South Dakota Codified Laws - Title 25: Domestic Regulations - Chapter 1: Validity and Performance of Marriages
§ 25-1-30
Tag(s): solemnization of marriage

Marriage may be solemnized by a justice of the Supreme Court, a judge of the circuit court, a magistrate, a mayor, either within or without the corporate limits of the municipality from which the mayor was elected, or any person authorized by a church to solemnize marriages.

Source: SDC 1939, § 14.0110; SL 1959, ch 50, § 2; SL 1976, ch 30, § 2; SL 2003, ch 143, § 1.

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Persons Who May Solemnize Marriages in Tennessee

Tennessee Code - Title 36: Domestic Relations - Chapter 3: Marriage - Part 3: Ceremony
§ 36-3-301
Tag(s): solemnization of marriage

(a) (1) All regular ministers, preachers, pastors, priests, rabbis and other spiritual leaders of every religious belief, more than eighteen (18) years of age, having the care of souls, and all members of the county legislative bodies, county mayors, judges, chancellors, former chancellors and former judges of this state, former county executives or county mayors of this state, former members of quarterly county courts or county commissions, the governor, the speaker of the senate and former speakers of the senate, the speaker of the house of representatives and former speakers of the house of representatives, the county clerk of each county and the mayor of any municipality in the state may solemnize the rite of matrimony. For the purposes of this section, the several judges of the United States courts, including United States magistrates and United States bankruptcy judges, who are citizens of Tennessee are deemed to be judges of this state. The amendments to this section by Acts 1987, ch. 336, which applied provisions of this section to certain former judges, do not apply to any judge who has been convicted of a felony or who has been removed from office. (2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other religious group or organization; and such customs must provide for such ordination or designation by a considered, deliberate, and responsible act. (3) If any marriage has been entered into by license issued pursuant to this chapter at which any minister officiated before June 1, 1999, such marriage shall not be invalid because the requirements of the preceding subdivision (2) have not been met. (b) The traditional marriage rite of the Religious Society of Friends (Quakers), whereby the parties simply pledge their vows one to another in the presence of the congregation, constitutes an equally effective solemnization. (c) Any gratuity received by a county mayor, county clerk or municipal mayor for the solemnization of a marriage, whether performed during or after such person's regular working hours, shall be retained by such person as personal renumeration for such services, in addition to any other sources of compensation such person might receive, and such gratuity shall not be paid into the county general fund or the treasury of such municipality. (d) If any marriage has been entered into by license regularly issued at which a county executive officiated prior to April 24, 1981, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state. (e) For the purposes of this section, ?retired judges of this state? is construed to include persons who served as judges of any municipal or county court in any county that has adopted a metropolitan form of government and persons who served as county judges (judges of the quarterly county court) prior to the 1978 constitutional amendments. (f) If any marriage has been entered into by license regularly issued at which a retired judge of this state officiated prior to April 13, 1984, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state. (g) If any marriage has been entered into by license issued pursuant to this chapter at which a judicial commissioner officiated prior to March 28, 1991, such marriage is valid and is declared to be in full compliance with the laws of this state. (h) The judge of the general sessions court of any county, and any former judge of any general sessions court, may solemnize the rite of matrimony in any county of this state. Any marriage performed by any judge of the general sessions court in any county of this state before March 16, 1994, shall be valid and declared to be in full compliance with the laws of this state. (i) All elected officials and former officials, who are authorized to solemnize the rite of matrimony pursuant to the provisions of subsection (a), may solemnize the rite of matrimony in any county of this state. (j) If any marriage has been entered into by license issued pursuant to this chapter at which a county mayor officiated outside such mayor's county prior to May 29, 1997, such marriage is valid and is declared to be in full compliance with the laws of this state.

[Code 1858, § 2439 (deriv. Acts 1778, ch. 7, § 2; 1845-1846, ch. 145, § 7); Acts 1879, ch. 98, § 1; 1889, ch. 134, § 1; Shan., § 4189; Code 1932, § 8412; Acts 1949, ch. 251, § 4; C. Supp. 1950, § 8412; Acts 1970, ch. 440, § 1; 1973, ch. 66, § 3; impl. am. Acts 1978, ch. 934, § 7; Acts 1979, ch. 87, § 1; 1981, ch. 211, §§ 1, 2; 1983, ch. 331, §§ 1, 2; T.C.A. (orig. ed.), § 36-415; Acts 1984, ch. 516, § 1; 1987, ch. 146, § 1; 1987, ch. 336, §§ 4, 5; 1988, ch. 471, §§ 1, 2; 1991, ch. 86, § 1; 1992, ch. 911, § 1; 1993, ch. 50, § 1; 1994, ch. 619, § 1; 1995, ch. 94, § 1; 1995, ch. 128, § 1; 1997, ch. 295, §§ 1, 2; 1998, ch. 745, §§ 1, 2; 1999, ch. 526, § 1; 2003, ch. 90, § 2; 2003, ch. 376, § 3; 2005, ch. 21, § 1.]

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Persons Authorized To Conduct Ceremony in Texas

TEXAS STATUTES - FAMILY CODE - TITLE 1. THE MARRIAGE RELATIONSHIP - SUBTITLE A. MARRIAGE - CHAPTER 2. THE MARRIAGE RELATIONSHIP - SUBCHAPTER C. CEREMONY AND RETURN OF LICENSE
§ Sec. 2.202
Tag(s): solemnization of marriage

(a) The following persons are authorized to conduct a marriage ceremony: (1) a licensed or ordained Christian minister or priest; (2) a Jewish rabbi; (3) a person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony; and (4) a justice of the supreme court, judge of the court of criminal appeals, justice of the courts of appeals, judge of the district, county, and probate courts, judge of the county courts at law, judge of the courts of domestic relations, judge of the juvenile courts, retired justice or judge of those courts, justice of the peace, retired justice of the peace, judge of a municipal court, or judge or magistrate of a federal court of this state. (b) For the purposes of this section, a retired judge or justice is a former judge or justice who is vested in the Judicial Retirement System of Texas Plan One or the Judicial Retirement System of Texas Plan Two or who has an aggregate of at least 12 years of service as judge or justice of any type listed in Subsection (a)(4). (c) Except as provided by Subsection (d), a person commits an offense if the person knowingly conducts a marriage ceremony without authorization under this section. An offense under this subsection is a Class A misdemeanor. (d) A person commits an offense if the person knowingly conducts a marriage ceremony of a minor whose marriage is prohibited by law or of a person who by marrying commits an offense under Section 25.01, Penal Code. An offense under this subsection is a felony of the third degree.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.Amended by:Acts 2005, 79th Leg., Ch. 268, Sec. 4.10, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 134, Sec. 1, eff. September 1, 2009.

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Who May Solemnize Marriages Certificate in Utah

Utah Code - Title 30: Husband and Wife - Chapter 1: Marriage
§ 30-1-6
Tag(s): solemnization of marriage

(1) Marriages may be solemnized by the following persons only: (a) ministers, rabbis, or priests of any religious denomination who are: (i) in regular communion with any religious society; and (ii) 18 years of age or older; (b) Native American spiritual advisors; (c) the governor; (d) the lieutenant governor; (e) mayors of municipalities or county executives; (f) a justice, judge, or commissioner of a court of record; (g) a judge of a court not of record of the state; (h) judges or magistrates of the United States; (i) the county clerk of any county in the state, if the clerk chooses to solemnize marriages; (j) the president of the Senate; (k) the speaker of the House of Representatives; or (l) a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court. (2) A person authorized under Subsection (1) who solemnizes a marriage shall give to the couple married a certificate of marriage that shows the: (a) name of the county from which the license is issued; and (b) date of the license's issuance. (3) As used in this section: (a) "Judge or magistrate of the United States" means: (i) a justice of the United States Supreme Court; (ii) a judge of a court of appeals; (iii) a judge of a district court; (iv) a judge of any court created by an act of Congress the judges of which are entitled to hold office during good behavior; (v) a judge of a bankruptcy court; (vi) a judge of a tax court; or (vii) a United States magistrate. (b) (i) "Native American spiritual advisor" means a person who: (A) (I) leads, instructs, or facilitates a Native American religious ceremony or service; or (II) provides religious counseling; and (B) is recognized as a spiritual advisor by a federally recognized Native American tribe. (ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine person, traditional religious practitioner, or holy man or woman. (4) Notwithstanding any other provision in law, no person authorized under Subsection (1) to solemnize a marriage may delegate or deputize another person to perform the function of solemnizing a marriage, except that only employees of the office responsible for the issuance of marriage licenses may be deputized.

Amended by Chapter 132, 2010 General Session

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Persons Authorized To Solemnize Marriages in Vermont

Vermont Statutes - Title 18: Health - Part 6: Births, Marriages and Deaths - Chapter 105: Marriage Records and Licenses
§ § 5144
Tag(s): solemnization of marriage

(a) Marriages may be solemnized by a supreme court justice, a superior judge, a judge of probate, an assistant judge, a justice of the peace, a magistrate, an individual who has registered as an officiant with the Vermont secretary of state pursuant to section 5144a of this title, a member of the clergy residing in this state and ordained or licensed, or otherwise regularly authorized thereunto by the published laws or discipline of the general conference, convention, or other authority of his or her faith or denomination, or by such a clergy person residing in an adjoining state or country, whose parish, church, temple, mosque, or other religious organization lies wholly or in part in this state, or by a member of the clergy residing in some other state of the United States or in the Dominion of Canada, provided he or she has first secured from the probate division of the superior court in the unit within which the marriage is to be solemnized a special authorization, authorizing him or her to certify the marriage if the probate judge determines that the circumstances make the special authorization desirable. Marriage among the Friends or Quakers, the Christadelphian Ecclesia, and the Baha'i Faith may be solemnized in the manner heretofore used in such societies. (b) This section does not require a member of the clergy authorized to solemnize a marriage as set forth in subsection (a) of this section, nor societies of Friends or Quakers, the Christadelphian Ecclesia, or the Baha'i Faith to solemnize any marriage, and any refusal to do so shall not create any civil claim or cause of action.

Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1971, No. 22, eff. March 23, 1971; 1975, No. 1; 1979, No. 142 (Adj. Sess.), § 26; 1981, No. 113 (Adj. Sess.); 1999, No. 91 (Adj. Sess.), § 28; 2007, No. 148 (Adj. Sess.), § 1; 2009, No. 3, § 9, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 147.

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Validation Of Certain Marriages Solemnized Outside Of Commonwealth in Virginia

Code of Virginia ? Title 20: Domestic Relations ? Chapter 2: Marriage Generally
§ 20-37.1
Tag(s): solemnization of marriage

All marriages heretofore solemnized outside this Commonwealth by a minister authorized to celebrate the rites of marriage in this Commonwealth, under a license issued in this Commonwealth, and showing on the application therefor the place out of this Commonwealth where said marriage is to be performed, shall be valid as if such marriage had been performed in this Commonwealth.

( c. 133.)

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Who May Solemnize in Washington

Revised Code of Washington - Title 26: Domestic Relations - Chapter 4: Marriage
§ RCW 26.04.050
Tag(s): solemnization of marriage

The following named officers and persons, active or retired, are hereby authorized to solemnize marriages, to wit: Justices of the supreme court, judges of the court of appeals, judges of the superior courts, supreme court commissioners, court of appeals commissioners, superior court commissioners, any regularly licensed or ordained minister or any priest of any church or religious denomination, and judges of courts of limited jurisdiction as defined in RCW 3.02.010.

[2007 c 29 § 1; 1987 c 291 § 1; 1984 c 258 § 95; 1983 c 186 § 1; 1971 c 81 § 69; 1913 c 35 § 1; 1890 p 98 § 1; 1883 p 43 § 1; Code 1881 § 2382; 1866 p 82 § 4; 1854 p 404 § 4; RRS § 8441.]

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Persons Authorized To Perform Marriages in West Virginia

West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 4: Marriage Ceremony
§ 48-2-401
Tag(s): solemnization of marriage

A religious representative who has complied with the provisions of section 2-402, a family court judge, a circuit judge or a justice of the supreme court of appeals, is authorized to celebrate the rites of marriage in any county of this state. Celebration or solemnization of a marriage means the performance of the formal act or ceremony by which a man and woman contract marriage and assume the status of husband and wife. For purposes of this chapter, the term "religious representative" means a minister, priest or rabbi and includes, without being limited to, a leader or representative of a generally recognized spiritual assembly, church or religious organization which does not formally designate or recognize persons as ministers, priests or rabbis.

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Marriage Contract, How Made; Officiating Person. in Wisconsin

Wisconsin Statutes - The Family - Chapter 765: Marriage
§ 765.16
Tag(s): solemnization of marriage

Marriage may be validly solemnized and contracted in this state only after a marriage license has been issued therefor, and only by the mutual declarations of the 2 parties to be joined in marriage that they take each other as husband and wife, made before an authorized officiating person and in the presence of at least 2 competent adult witnesses other than the officiating person. The following are authorized to be officiating persons: (1) Any ordained member of the clergy of any religious denomination or society who continues to be an ordained member of the clergy. (2) Any licentiate of a denominational body or an appointee of any bishop serving as the regular member of the clergy of any church of the denomination to which the member of the clergy belongs, if not restrained from so doing by the discipline of the church or denomination. (3) The 2 parties themselves, by mutual declarations that they take each other as husband and wife, in accordance with the customs, rules and regulations of any religious society, denomination or sect to which either of the parties may belong. (4) Any judge of a court of record or a reserve judge appointed under s. 753.075. (5) Any circuit court commissioner appointed under SCR 75.02 (1) or supplemental court commissioner appointed under s. 757.675 (1). (6) Any municipal court judge

History: 1977 c. 323; 1979 c. 32 ss. 48, 92 (4); 1979 c. 176, 259; Stats. 1979 s. 765.16; 1981 c. 20 s. 2200; 1985 a. 29; 1991 a. 315; 1999 a. 85; 2001 a. 61.

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Who May Solemnize Marriage; Form Of Ceremony in Wyoming

Wyoming Code - Title 20: Domestic Relations - Chapter 1: Husband and Wife - Article 1: Creation of Marriage
§ § 20-1-106
Tag(s): solemnization of marriage

(a) Every district or circuit court judge, district court commissioner, supreme court justice, magistrate and every licensed or ordained minister of the gospel, bishop, priest or rabbi, or other qualified person acting in accordance with the traditions or rites for the solemnization of marriage of any religion, denomination or religious society, may perform the ceremony of marriage in this state. (b) In the solemnization of marriage no particular form is required, except that the parties shall solemnly declare in the presence of the person performing the ceremony and at least two (2) attending witnesses that they take each other as husband and wife.

(C.L. 1876, ch. 81, §§ 8, 9; R.S. 1887, §§ 1548, 1549; R.S. 1899, §§ 2962, 2963; Laws 1907, ch. 37, § 1; C.S. 1910, §§ 3898, 3899; C.S. 1920, §§ 4962, 4963; Laws 1931, ch. 73, § 76; R.S. 1931, §§ 68-108, 68-109; C.S. 1945, §§ 50-110, 50-111; W.S. 1957, §§ 20-10, 20-11; Laws 1977, ch. 152, § 1; Rev. W.S. 1957, § 20-1-106; Laws 1999, ch. 79, § 1; 2000, ch. 24, § 4; 2004, ch. 42, § 1.)

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Persons Authorized To Celebrate Marriages in Washington DC

Washington DC Code ? Title 46: Domestic Relations ? Subtitle 1: General ? Chapter 4: Marriage
§ 46-406
Tag(s): solemnization of marriage

(a) For the purposes of this section, the term: (1) ?Religious? includes or pertains to a belief in a theological doctrine, a belief in and worship of a divine ruling power, a recognition of a supernatural power controlling man's destiny, or a devotion to some principle, strict fidelity or faithfulness, conscientiousness, pious affection, or attachment. (2) ?Society? means a voluntary association of individuals for religious purposes. (b) For the purpose of preserving the evidence of marriages in the District of Columbia, every minister of any religious society approved or ordained according to the ceremonies of his religious society, whether his residence is in the District of Columbia or elsewhere in the United States or the territories, may be authorized by any judge of the Superior Court of the District of Columbia to celebrate marriages in the District of Columbia. Marriages may also be performed by any judge or justice of any court of record; provided, that marriages of any religious society which does not by its own custom require the intervention of a minister for the celebration of marriages may be solemnized in the manner prescribed and practiced in any such religious society, the license in such case to be issued to, and returns to be made by, a person appointed by such religious society for that purpose. The Clerk of the Superior Court of the District of Columbia or such deputy clerks of the Court as may, in writing, be designated by the Clerk and approved by the Chief Judge, may celebrate marriages in the District of Columbia. (c) No priest, imam, rabbi, minister, or other official of any religious society who is authorized to solemnize or celebrate marriages shall be required to solemnize or celebrate any marriage. (d) Each religious society has exclusive control over its own theological doctrine, teachings, and beliefs regarding who may marry within that particular religious society's faith. (e)(1) Notwithstanding any other provision of law, a religious society, or a nonprofit organization that is operated, supervised, or controlled by or in conjunction with a religious society, shall not be required to provide services, accommodations, facilities, or goods for a purpose related to the solemnization or celebration of a marriage, or the promotion of marriage through religious programs, counseling, courses, or retreats, that is in violation of the religious society's beliefs. (2) A refusal to provide services, accommodations, facilities, or goods in accordance with this subsection shall not create any civil claim or cause of action, or result in a District action to penalize or withhold benefits from the religious society or nonprofit organization that is operated, supervised, or controlled by or in conjunction with a religious society.

CREDIT(S)(Mar. 3, 1901, 31 Stat. 1392, ch. 854, § 1288; Apr. 23, 1904, 33 Stat. 297, ch. 1490, § 1; June 25, 1948, 62 Stat. 991, ch. 646, § 32(a), (b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 5, 1966, 80 Stat. 264, Pub. L. 89-493, § 13(a), (b); July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Jan. 26, 1982, D.C. Law 4-60, § 2, 28 DCR 4768; Mar. 3, 2010, D.C. Law 18-110, § 2(d), 57 DCR 27.)HISTORICAL AND STATUTORY NOTESPrior Codifications1981 Ed., § 30-106.1973 Ed., § 30-106.Effect of AmendmentsD.C. Law 18-110 added subsecs. (c), (d), and (e).Legislative History of LawsLaw 4-60 was introduced in Council and assigned Bill No. 4-251, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on September 15, 1981, and September 29, 1981, respectively. Signed by the Mayor on October 30, 1981, it was assigned Act No. 4-106 and transmitted to both Houses of Congress for its review.For Law 18-110, see notes following § 46-401.DC CODE § 46-406Current through January 11, 2012

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