Read the marriage laws pertaining to performing marriage, officiant registration, marriage license regulations, and more! Our state-by-state marriage law database covers everything related to marriage, weddings, and officiants.
Each state has its own marriage laws regarding who has the authority to perform marriage – or who can legally marry a couple. 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.
But knowing who can legally marry a couple varies. Beyond being an ordained minister, some states require ministers to register with a government office prior to performing marriage. That's because some states keep a registry of who is a wedding officiant. These states may also require that certain documents are presented, and that certain applications are filled out and submitted. Because the laws regarding who can legally perform marriage are governed on a state level, local governments are allowed to set their own rules.
Here at AMM, we strive to provide the most accurate resources, however it is important to verify compliance with your local government and seek their advice (or that of a lawyer) if you have further questions. The state marriage laws below indicate if minister registration is required in that state.
Alabama
No Officiant Registration Required
Alabama Code
§ 30-1-7
(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.)
Alaska
No Officiant Registration Required
Alaska Statutes
§ 25.05.261
(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;
(3) before or in any religious organization or congregation according to the established ritual or form commonly practiced in the organization or congregation; or
(4) by an individual holding an elective public office in the state.
(b) This section may not be construed to waive the requirements for obtaining a marriage license.
(c) Nothing in this section creates or implies a duty or obligation on a person authorized to solemnize a marriage under (a)(1), (3), or (4) of this section to solemnize any marriage.
(§ 1 ch 58 SLA 1963; am §§ 1, 2 ch 20 SLA 2018)
Arizona
No Officiant Registration Required
Arizona Revised Statutes
§ 25-124
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.
Arkansas
Officiant Registration Required
Arkansas Code Annotated
§ 9-11-213
(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 former mayor of any city of the first or second class who served at least five (5) years as mayor or the current 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.
(Amended by Act 898, Regular Session 2021) (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.)
California
No Officiant Registration Required
California Family Code
§ 400
(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 the person’s faith. 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 by Stats. 2019, Ch. 115, Sec. 8. (AB 1817) Effective January 1, 2020.)
Colorado
No Officiant Registration Required
Colorado Revised Statutes
§ 14-2-109
(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-three 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) (a) The requirements for applying for a marriage license for a proxy marriage are the following: (I) One party to the proxy marriage is a resident of the state of Colorado; (II) One party to the proxy marriage appears in person to apply for the marriage license and pays the fees required in section 14-2-106 (1); (III) The signatures of both parties to the proxy marriage are required, and the party present shall sign the marriage license application, as prescribed in section 14-2-105 (2), and provide an absentee affidavit form, as prescribed by the state registrar, containing the notarized signature of the absent party, along with proper identification documents as specified in section 14-2-105 (1)(a) for the absent party; and (IV) Both parties to the proxy marriage are eighteen years of age or older. (b) If a party to a marriage is unable to be present at the solemnization, the absent party may authorize in writing a third person to act as the absent party's proxy for purposes of solemnization of the marriage, if the absent party is: (I) A member of the armed forces of the United States who is stationed in another country or in another state in support of combat or another military operation; or (II) An individual who is a government contractor, or an employee of a government contractor, working in support of the armed forces of the United States or in support of United States military operations in another country or in another state and who supplies proper identification of that status. (c) 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. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 829, § 23, effective July 1. L. 2015: (2) amended, (HB 15-1327), ch. 229, p. 851, § 1, effective May 27. L. 2019: (2)(a)(IV) amended, (HB 19-1316), ch. 380, p. 3421, § 3, effective August 2.)
Connecticut
No Officiant Registration Required
General Statutes of Connecticut
§ 46b-22
(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, family support referees, 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. 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; P.A. 15-74, S. 1; 15-85, S. 4.)
Delaware
Officiant Registration Required
Delaware Code Title 13
§ 106
(a) (1) For purposes of this subsection, “chief executive officer” means the mayor of an incorporated municipality. If an incorporated municipality does not have a mayor, then “chief executive officer” means the president of the legislative body of the incorporated municipality. If an incorporated municipality does not have a mayor or a president of the legislative body, then “chief executive officer” means the presiding officer of the legislative body of the incorporated municipality. (2) The following individuals over 18 years of age may solemnize a marriage between individuals who may lawfully enter into the matrimonial relation: a. A clergyperson or minister of any religion who resides in the State, provided he or she is registered with the Clerk of the Peace in the county where he or she resides. b. A clergyperson or minister of any religion who does not reside in the State, provided he or she is registered with the Clerk of the Peace in the county where the marriage ceremony is to be performed. c. A current or former judge of this State’s Supreme Court, Superior Court, Family Court, Court of Chancery, Court of Common Pleas, or Justice of the Peace Court. d. A current or former federal judge or magistrate with jurisdiction over this State. e. A current or former Clerk of the Peace of a county of this State, within the county in which the Clerk holds or held that office. f. The chief executive officer of an incorporated municipality of this State, within the corporate limits of that municipality. (3) For good cause being shown, the Clerk of the Peace for the county in which a marriage is to be performed may allow by written authorization all of the following to solemnize a marriage between individuals who may lawfully enter into the matrimonial relation: a. A current or former judge of another state’s judiciary. b. A current or former federal judge or magistrate with jurisdiction over a state other than this State. c. A current Clerk of the Peace from another county within this State. (4) Marriages shall be solemnized in the presence of at least 2 reputable witnesses who are at least 18 years of age and who shall sign the certificate of marriage as prescribed by this chapter. Marriages may be solemnized or contracted according to the forms and usages of any religious society or in an entirely secular manner. No marriage shall be solemnized or contracted without the production of a license issued pursuant to this chapter. (b) The Clerk of the Peace in each county shall maintain an online registry through which clergypersons or ministers of any religion must register. (1) Upon registering, registrants shall receive a registration card online bearing the registrant’s personal registration number. That registration number must be entered on the certificate of marriage of each marriage ceremony performed by the registrant. (2) Once registered with a Clerk of the Peace in any county, a registrant’s name will be added to a statewide registry accessible to the public online. (3) Once registered with a Clerk of the Peace in any county, a registrant will be authorized to solemnize marriages statewide. (c) Any clergyperson or minister who, while not registered in accordance with this section, solemnizes a marriage shall be subject to a noncriminal penalty imposed by the Clerk of the Peace in the county where the marriage was performed, which shall include suspension or revocation of authorization to solemnize further marriages in the State. (d) 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 or acting deputy employed in the office of and appointed by the Clerk of the Peace, shall be authorized to solemnize marriages. (e) 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. (f) Other than as provided in this subsection, nothing in this section shall be construed to require any individual, including any clergyperson or minister of any religion, authorized to solemnize a marriage to solemnize any marriage, and no such authorized individual who fails or refuses for any reason to solemnize a marriage shall be subject to any fine or other penalty for such failure or refusal. Notwithstanding the preceding sentence, a Clerk of the Peace who issues a marriage license, or a deputy thereof, shall be required to perform a solemnization of such marriage if requested by the applicants for such license.
(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; 79 Del. Laws, c. 19, § 2; 80 Del. Laws, c. 210, § 1; 82 Del. Laws, c. 95, § 1.;)
Florida
No Officiant Registration Required
Florida Statutes
§ 741.07
(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.
(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.)
Guam
No Officiant Registration Required
Guam Code Annotated
§ 3204
(a) Marriage may be solemnized by: (1) I Maga’lahen Guåhan (the Governor of Guam), or his substitute; (2) the judges of the U.S. District Court, and the Superior Court of Guam; (3) all ordained clergymen and priests of whatsoever religious faith who are recognized as such by the religious body whose faith they represent; (4) the Director of Revenue and Taxation, the Director of Administration, and the Director of Public Health and Social Services; (5) the Speaker of I Liheslaturan Guåhan (the Guam Legislature), or his/her designee; and (6) all village Mayors and Vice Mayors. (b) No regularly licensed or ordained minister or any priest, or similar official of any religious organization, is required to perform the solemnization of any marriage.
(CC § 70. Subsection (d) added by P.L. 15-113:23. Subsection (e) added by P.L. 18-14:5. Amended by P.L. 29-113:VI:46 (Sept. 30, 2008), and P.L. 33-065:9 (Aug. 25, 2015).)
Hawaii
Officiant Registration Required
Hawaii Revised Statutes
§ 572-12
By whom solemnized :
(a) A license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by:
1. 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 that denomination or society;
2. Any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society;
3. Any justice or judge or magistrate, active or retired, of a state or federal court in the State;
upon presentation to the person or society solemnizing the marriage of a license to marry, as prescribed by this chapter. A person or society licensed to solemnize a marriage may receive the price stipulated by the parties or any gratuity tendered.
(b) A civil license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by, any individual at least eighteen years of age, upon presentation to the individual of a license to marry, as prescribed by this chapter. An individual with a civil license to solemnize a marriage may receive the price stipulated by the parties or any gratuity tendered. An individual who performs a solemnization of a marriage pursuant to a civil license issued under this subsection shall obtain the prior written consent of each person for whom a solemnization is performed and fulfill all provisions of sections 572-13 and 572‑15 applicable to persons authorized to solemnize marriages.
[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]; Amended Act 211, effective July 6. 2021; Am 2023 Act 206, effective July 1 2023
Idaho
No Officiant Registration Required
Idaho Statutes
§ 32-303
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.
[(32-303) 1863, p. 613, sec. 4; R.S., sec. 2431; reen. R.C. & C.L., sec. 2622; C.S., sec. 4602; I.C.A., sec. 31-303; am. 1969, ch. 116, sec. 1, p. 374; am. 1983, ch. 18, sec. 3, p. 53; am. 1994, ch. 7, sec. 1, p. 11; am. 1997, ch. 196, sec. 1, p. 554; am. 2000, ch. 212, sec. 1, p. 572; am. 2008, ch. 46, sec. 1, p. 119.]
Illinois
No Officiant Registration Required
Illinois Compiled Statutes
§ 750 5/209
(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, by a mayor or president of a city, village, or incorporated town who is in office on the date of the solemnization, 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 or her 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. A mayor or president of a city, village, or incorporated town shall not receive any compensation in return for the solemnization of a marriage.
(a-5) Nothing in this Act shall be construed to require any religious denomination or Indian Nation or Tribe or Native Group, or any minister, clergy, or officiant acting as a representative of a religious denomination or Indian Nation or Tribe or Native Group, to solemnize any marriage. Instead, any religious denomination or Indian Nation or Tribe or Native Group, or any minister, clergy, or officiant acting as a representative of a religious denomination or Indian Nation or Tribe or Native Group is free to choose which marriages it will solemnize. Notwithstanding any other law to the contrary, a refusal by a religious denomination or Indian Nation or Tribe or Native Group, or any minister, clergy, or officiant acting as a representative of a religious denomination or Indian Nation or Tribe or Native Group to solemnize any marriage under this Act shall not create or be the basis for any civil, administrative, or criminal penalty, claim, or cause of action.
(a-10) No church, mosque, synagogue, temple, nondenominational ministry, interdenominational or ecumenical organization, mission organization, or other organization whose principal purpose is the study, practice, or advancement of religion is required to provide religious facilities for the solemnization ceremony or celebration associated with the solemnization ceremony of a marriage if the solemnization ceremony or celebration associated with the solemnization ceremony is in violation of its religious beliefs. An entity identified in this subsection (a-10) shall be immune from any civil, administrative, criminal penalty, claim, or cause of action based on its refusal to provide religious facilities for the solemnization ceremony or celebration associated with the solemnization ceremony of a marriage if the solemnization ceremony or celebration associated with the solemnization ceremony is in violation of its religious beliefs. As used in this subsection (a-10), "religious facilities" means sanctuaries, parish halls, fellowship halls, and similar facilities. "Religious facilities" does not include facilities such as businesses, health care facilities, educational facilities, or social service agencies.
(b) The solemnization of the marriage is not invalidated: (1) by the fact that the person solemnizing the marriage was not legally qualified to solemnize it, if a reasonable person would believe the person solemnizing the marriage to be so qualified; or (2) by the fact that the marriage was inadvertently solemnized in a county in Illinois other than the county where the license was issued and filed.
(c) Any marriage that meets the requirements of this Section shall be presumed valid.
(Source: P.A. 101-14, eff. 6-14-19.)
Indiana
No Officiant Registration Required
Indiana Code
§ 31-11-6-1
(a) 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 governor. (7) The lieutenant governor. (8) A member of the general assembly. (9) The Friends Church, in accordance with the rules of the Friends Church. (10) The German Baptists, in accordance with the rules of their society. (11) The Bahai faith, in accordance with the rules of the Bahai faith. (12) The Church of Jesus Christ of Latter Day Saints, in accordance with the rules of the Church of Jesus Christ of Latter Day Saints. (13) An imam of a masjid (mosque), in accordance with the rules of the religion of Islam. (b) The governor, the lieutenant governor, or a member of the general assembly may not accept any money for solemnizing a marriage.
As added by P.L.1-1997, SEC.3. Amended by P.L.34-1999, SEC.1; P.L.93-2017, SEC.1.
Iowa
No Officiant Registration Required
Iowa Code
§ 595.10
Marriages may be solemnized by: 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.
83 Acts, ch 159, §1; 87 Acts, ch 115, §69; 95 Acts, ch 92, §3
Kansas
No Officiant Registration Required
Kansas Statutes Annotated
§ 23-2504
(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.
Kentucky
No Officiant Registration Required
Kentucky Revised Statutes
§ 402.050
(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.
History: 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.
Louisiana
Officiant Registration Required
LOUISIANA REVISED STATUTES
§ 9:202
Authority to perform marriage ceremony 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 has attained the age of majority and 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; Acts 2014, No. 651, §1.
Maine
No Officiant Registration Required
Maine Revised Statutes
§ 19-A:655
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; [PL 2011, c. 111, §2 (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; and [PL 2011, c. 111, §3 (AMD).] C. A nonresident of the State who has a temporary registration certificate issued by the Office of Data, Research and Vital Statistics pursuant to subsection 1‑A. [PL 2011, c. 111, §4 (NEW).] [PL 2011, c. 111, §§2-4 (AMD).] 1-A. Temporary registration certificate. The Office of Data, Research and Vital Statistics may issue a temporary registration certificate to solemnize a marriage ceremony to an individual who is a resident of another state and who is authorized under the laws of that state to solemnize marriages. A. An individual seeking a temporary registration certificate under this subsection must submit to the Office of Data, Research and Vital Statistics: (1) A copy of a valid commission or other indicia of authority to perform marriage ceremonies in the individual's state of residence as proof of existence of the authority; (2) A copy of the other state's statute that grants the individual authority to solemnize marriages in that state; (3) The names and residences of the 2 parties whose marriage the individual proposes to solemnize and the expected date of the marriage ceremony; and (4) A $100 registration fee. [PL 2011, c. 111, §5 (NEW).] B. Upon finding that the individual has satisfied the requirements of paragraph A, the Office of Data, Research and Vital Statistics shall issue to the individual a temporary registration certificate authorizing the individual to solemnize the marriage of the parties whose names were provided pursuant to paragraph A, subparagraph (3). The Office of Data, Research and Vital Statistics may decline to issue a temporary registration certificate if complaints filed against the individual for actions in this State have been substantiated or for other good cause, even if the state in which the individual is authorized to solemnize marriages has not taken disciplinary action. [PL 2011, c. 111, §5 (NEW).] C. A temporary registration certificate does not authorize the individual to solemnize any marriage other than the marriage of the parties provided pursuant to paragraph A, subparagraph (3). [PL 2011, c. 111, §5 (NEW).] D. A temporary registration certificate under this subsection expires upon the individual's signing the marriage license or 90 days after issuance, whichever occurs first. [PL 2011, c. 111, §5 (NEW).] E. The Office of Data, Research and Vital Statistics shall keep a permanent record of all temporary registration certificates issued under this subsection. The records must contain the name and residence of each individual to whom a temporary registration certificate is issued. [PL 2011, c. 111, §5 (NEW).] [PL 2011, c. 111, §5 (NEW).] 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. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] 3. Religious exemption. This chapter does not require any member of the clergy to perform or any church, religious denomination or other religious institution to host any marriage in violation of the religious beliefs of that member of the clergy, church, religious denomination or other religious institution. The refusal to perform or host a marriage under this subsection cannot be the basis for a lawsuit or liability and does not affect the tax-exempt status of the church, religious denomination or other religious institution. [IB 2011, c. 1, §4 (NEW).]
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2001, c. 574, §6 (AMD). IB 2011, c. 1, §4 (AMD). PL 2011, c. 111, §§2-5 (AMD).
Maryland
No Officiant Registration Required
Maryland Family Law
§ 2-406
(who can solemnize) ::: 2-406 ::: Performance of a ceremony ::: (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 .
Massachusetts
Officiant Registration Required
Massachusetts General Laws
§ 207-38
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.
Michigan
No Officiant Registration Required
Michigan Compiled Laws
§ 551.7
(1) Marriages may be solemnized by any of the following: (a) A judge of the district court, anywhere in this state. (b) A district court magistrate, anywhere in this state. (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, anywhere in this state. (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 1,500,000 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 this 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 this 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 return licenses and certificates 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 1,500,000 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.
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 ;-- Am. 2012, Act 265, Imd. Eff. July 3, 2012 ;-- Am. 2014, Act 278, Imd. Eff. July 2, 2014
Minnesota
Officiant Registration Required
Minnesota Statutes
§ 517.04
Civil 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 superintendent 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. For purposes of this section, a court of record includes the Office of Administrative Hearings under section 14.48.
(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; 2012 c 241 s 1; 2013 c 74 s 9; 2014 c 262 art 4 s 7
Mississippi
No Officiant Registration Required
Mississippi Code Annotated
§ 93-1-17
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.
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).
Missouri
No Officiant Registration Required
Missouri Revised Statutes
§ 451.100
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)
Montana
No Officiant Registration Required
Montana Code Annotated
§ 40-1-301
(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 notary public authorized pursuant to 1-5-630, 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.
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; amd. Sec. 23, Ch. 123, L. 2019.
Nebraska
No Officiant Registration Required
Nebraska Revised Statutes
§ 42-108
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.
R.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.
Nevada
Officiant Registration Required
Nevada Revised Statutes
§ 122.062
1. Any licensed, ordained or appointed minister or other church or religious official 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, a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State, or a marriage officiant may join together in marriage persons who present a marriage license obtained from any county clerk of the State, if the minister, other church or religious official authorized to solemnize a marriage, notary public or marriage officiant first obtains or renews a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073, inclusive. The fact that a minister or other church or religious official 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 church or religious official 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 church or religious official authorized to solemnize a marriage certified pursuant to NRS 122.062 to 122.073, inclusive, may solemnize marriages pursuant to subsection 1 for a period not to exceed 90 days, if the requirements of this subsection are satisfied. The minister or other church or religious official 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, and the temporary replacement shall obtain from the county clerk in the county in which he or she is a temporary replacement a written authorization to solemnize marriage and submit to the county clerk an application fee of $25.
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 licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage, active or retired, a notary public or person who desires to be a marriage officiant may submit to the county clerk in the county in which a marriage is to be performed an application to perform a specific marriage in the county. The application must:
(a) Include the full names and addresses of the persons to be married;
(b) Include the date and location of the marriage ceremony;
(c) Include the information and documents required pursuant to subsection 1 of NRS 122.064;
(d) If the county clerk has established a training course for an applicant seeking to obtain a certificate of permission to perform marriages or a single marriage in this State, include verification that the applicant has satisfied the requirements of paragraph (d) of subsection 1 of NRS 122.064; and
(e) Be accompanied by an application fee of $25.
5. A county clerk may grant authorization to perform a specific marriage to a person who submitted an application pursuant to subsection 4 if the county clerk is satisfied that the minister or other church or religious official authorized to solemnize a marriage, whether he or she is active or retired, is in good standing with his or her church or religious organization or, in the case of a notary public, if the notary public is in good standing with the Secretary of State, and, if the county clerk has established a training course for an applicant seeking to obtain a certificate of permission to perform marriages or a single marriage in this State, that the applicant satisfied the requirements of paragraph (d) of subsection 1 of NRS 122.064. 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.
A person may not obtain more than five authorizations to perform a specific marriage pursuant to this section 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, other church or religious officials authorized to solemnize a marriage, notaries public or marriage officiants to the same extent as if he or she had obtained a certificate of permission to perform marriages.
(Added to NRS by 1967, 1289; A 1969, 37; 1993, 1462; 1997, 2040; 1999, 520, 541; 2009, 724; 2013, 1187; 2017, 757, 1026; 2019, 452)
New Hampshire
Officiant Registration Required
New Hampshire Revised Statutes - Title 63
§ 457:31
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, by a state supreme court justice, superior court judge, or circuit court judge, 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.
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. 2006, 86:2. 2009, 59:3. 2014, 9:1, eff. July 13, 2014.
New Jersey
No Officiant Registration Required
New Jersey Statutes
§ 37:1-13
a. Authorization to solemnize marriages and civil unions. 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 the Tax Court, administrative law judge, retired judge of the Superior Court or Tax Court, retired administrative law judge, 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 former mayor not currently serving on the municipal governing body or the deputy mayor when authorized by the mayor, or chairman of any township committee or village president of this State, every member of the clergy of every religion, and any civil celebrant who is certified by the Secretary of State to solemnize marriages or civil unions as set forth in subsection b. of this section, 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. b. A civil celebrant shall be authorized to solemnize marriages or civil unions if certified to do so by the Secretary of State. (1) A civil celebrant shall receive a certification from the Secretary of State to solemnize marriages or civil unions if the celebrant: (a) is at least 18 years of age and has graduated from a secondary school in this State or another state; (b) has completed a civil celebrant course offered by a non-denominational or educational charitable organization that is registered with the State under the "Charitable Registration and Investigation Act," P.L.1994, c.16 (C.45:17A-18 et seq.), and which course: (i) includes classes that meet weekly or with more frequency, either administered in person or by other means, over a period of not less than six months; and (ii) educates on topics including, but not limited to, celebrant philosophy and history, ceremonial structure, and ceremonial presentations; and (c) (i) submits a completed application form, developed by the secretary pursuant to regulation, which includes the name and address of the celebrant-applicant along with any other relevant information on the celebrant-applicant required by the secretary, and supporting documentation with respect to all certification requirements set forth in this subsection; and (ii) pays to the Department of State, at the time of submitting the completed application, a fee of not less than $50 or more than $75, as determined by the secretary by regulation, to cover costs for processing applications, producing and issuing certificates, and maintaining records on applications and certificates issued or denied. (2) (a) A celebrant-applicant shall not be authorized to solemnize marriages or civil unions until the application for certification is approved and the certificate received from the secretary. (b) A civil celebrant who has received a certification from the secretary may have that certification revoked, through a hearing before an administrative law judge, if the secretary determines that any information provided in the celebrant's application was inaccurate or otherwise did not comply with the certification requirements set forth in this subsection. A civil celebrant subject to a revocation hearing before an administrative law judge or any appeal thereof shall not be authorized to solemnize marriages or civil unions, and shall only again be authorized to do so if a final determination is made permitting the civil celebrant to retain the certification.
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; 2013, c.242; 2013, c.243; 2016, c.61.
New Mexico
No Officiant Registration Required
New Mexico Statutes Annotated
§ 40-1-2
A. The civil contract of marriage is entered into when solemnized as provided in Chapter 40, Article 1 NMSA 1978. As used in Chapter 40, Article 1 NMSA 1978, "solemnize" means to join in marriage before witnesses by means of a ceremony. B. A person who is an ordained member of the clergy or who is an authorized representative of a federally recognized Indian nation, tribe or pueblo may solemnize the contract of marriage without regard to sect or rites and customs the person may practice. C. Active or retired 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 marriage. Civil magistrates solemnizing contracts of marriage shall charge no fee therefor.
Laws 1859-1860, p. 120; C.L. 1865, ch. 75, § 1; C.L. 1884, § 977; C.L. 1897, § 1414; Code 1915, § 3426; C.S. 1929, § 87-102; 1941 Comp., § 65-102; 1953 Comp., § 57-1-2; Laws 1983, ch. 193, § 1; 1989, ch. 78, § 1; 2001, ch. 99, § 1; 2013, ch. 144, § 2.
New York
Officiant Registration Required
New York Laws - Domestic Relations
§ 11
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; provided that no clergyman or minister as defined in section two of the religious corporations law, or Society for Ethical Culture leader shall be required to solemnize any marriage when acting in his or her capacity under this subdivision. 1-a. A refusal by a clergyman or minister as defined in section two of the religious corporations law, or Society for Ethical Culture leader to solemnize any marriage under this subdivision shall not create a civil claim or cause of action or result in any state or local government action to penalize, withhold benefits or discriminate against such clergyman or minister. 2. The current or a former governor, 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 article, 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. 2-a. A member of the New York state legislature, provided that such person shall not charge or receive a fee. 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, 3-a. A judge or peacemaker judge of any Indian tribal court, a chief, a headman, or any member of any tribal council or other governing body of any nation, tribe or band of Indians in this state duly designated by such body for the purpose of officiating at marriages, or any other persons duly designated by such body, in keeping with the culture and traditions of any such nation, tribe or band of Indians in this state, to officiate at marriages. 3-b. A one-day marriage officiant, as designated by a town or city clerk pursuant to section eleven-d of this article; 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, nor by any of the persons specified in subdivision three-a of this section, outside the territorial jurisdiction in which he or she was elected, appointed or duly designated. 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.
Amended A02901, 2023;
North Carolina
No Officiant Registration Required
North Carolina General Statutes
§ 51-7
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.)
North Carolina
No Officiant Registration Required
North Carolina General Statutes
§ 51-1
A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either: (1) a. In the presence of an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate; and b. With the consequent declaration by the minister or magistrate that the persons are husband and wife; or (2) In accordance with any mode of solemnization recognized by any religious denomination, or federally or State recognized Indian Nation or Tribe. Marriages solemnized before March 9, 1909, by ministers of the gospel licensed, but not ordained, are validated from their consummation
(1871-2, c. 193, s. 3; Code, s. 1812; Rev., s. 2081; 1908, c. 47; 1909, c. 704, s. 2; c. 897; C.S., s. 2493; 1945, c. 839; 1965, c. 152; 1971, c. 1185, s. 26; 1977, c. 592, s. 1; 2000-58, ss. 1, 2; 2001-14, ss. 1, 2; 2001-62, ss. 1, 17; 2002-115, ss. 5, 6; 2002-159, s. 13(a); 2003-4, s. 1; 2005-56, s. 1; 2007-61, s. 1; 2009-13, s. 1; 2012-194, s. 65.4(a).)
North Dakota
No Officiant Registration Required
North Dakota Century Code
§ 14-03-09
Marriages may be solemnized at any location within the state by: 1. All judges of courts of record; 2. Municipal judges; 3. Recorders, unless the board of county commissioners designates a different official; 4. Ordained ministers of the gospel, priests, and clergy, authorized by recognized denominations; and 5. By any individual authorized by the rituals and practices of any religious persuasion.
Ohio
Officiant Registration Required
Ohio Revised Code
§ 3101.08
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 .
Oklahoma
Officiant Registration Required
Oklahoma Statutes
§ 43-7
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 certify on the marriage certificate that he or she holds credentials or authority from his or her church or synagogue authorizing him or her to solemnize marriages. 3. [REPEALED] 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. [REPEALED] 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 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., eff. Nov 1, 2022
Oregon
No Officiant Registration Required
Oregon Revised Statutes
§ 106.130
A marriage solemnized before a person, religious organization or congregation, or secular organization, that represents having the authority to solemnize marriages under ORS 106.120 is not void, nor is the validity of the marriage affected, if it is discovered after the solemnization that the person, religious organization or congregation, or secular organization, was not authorized to solemnize the marriage, if the parties to the marriage believed in good faith that the marriage was lawfully solemnized.
[Amended by 1979 c.724 §4; 2001 c.501 §5; 2017 c.61 §3]
Pennsylvania
No Officiant Registration Required
Pennsylvania Consolidated Statutes - Title 23
§ 1503
(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.)
Rhode Island
No Officiant Registration Required
State of Rhode Island General Laws
§ 15-3-5
15-3-5 : Officials empowered to join persons in 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, administrative clerk, general chief clerk or administrator of the 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; every former chief clerk of the district court; every former clerk, administrative 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; 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 the administrator of the Johnston municipal court, while he or she is serving as an administrator, 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. In addition to the foregoing, the governor shall designate, upon application, any person eighteen (18) years or older to solemnize a particular marriage on a particular date and in a particular city or town, and may for cause at any time revoke such designation. In the case of persons so designated by the governor, the secretary of state shall promulgate rules and regulations as may be necessary to implement and carry out the provisions of this section. The secretary of state shall issue a certificate of designation upon payment of twenty8 five dollars ($25.00) for applications delivered by mail, facsimile or hand. All applications submitted electronically shall pay a fee of twenty dollars ($20.00). Upon payment, a certificate of designation shall be issued within twenty-one (21) days. The certificate shall expire upon completion of the solemnization. The fees collected under this section shall be deposited into the general fund.
(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; P.L. 2013, ch. 321, § 1; P.L. 2013, ch. 351, § 1; P.L. 2014, ch. 484, § 1; P.L. 2014, ch. 512, § 1.; Amended 2021, effective Jan 1, 2022))
South Carolina
No Officiant Registration Required
South Carolina Code of Laws
§ 20-1-20
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.
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.
South Dakota
No Officiant Registration Required
South Dakota Codified Laws
§ 25-1-30
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.
SDC 1939, § 14.0110; SL 1959, ch 50, § 2; SL 1976, ch 30, § 2; SL 2003, ch 143, § 1.
Tennessee
No Officiant Registration Required
Tennessee Code
§ 36-3-301
(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 a county, a municipality, or 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, members and former members of the general assembly who have filed notice pursuant to subsection (l), law enforcement chaplains duly appointed by the heads of authorized state and local law enforcement agencies, members of the legislative body of any municipality in this state, the county clerk of each county, former county clerks of this state who occupied the office of county clerk on or after July 1, 2014, notaries public, and the mayor of any municipality in this 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, United States bankruptcy judges, and federal administrative law 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. Persons receiving online ordinations may not solemnize the rite of matrimony. (3) If a marriage has been entered into by license issued pursuant to this chapter at which any minister officiated before July 1, 2019, the marriage must not be invalid because the requirements of the preceding subdivision (a)(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)(1) Gratuity received by a county mayor, county clerk, member of a county legislative body, or municipal mayor for the solemnization of a marriage, whether performed during or after such person's regular working hours, must be retained by such person as personal remuneration for such services, in addition to all other sources of compensation such person might receive, and such gratuity must not be paid into the county general fund or the treasury of such municipality. (2) Notwithstanding subdivision (c)(1 ), a county mayor, county clerk, member of a county legislative body, and municipal mayor shall not charge a fee or demand compensation of any kind for the solemnization of a marriage under this part. Such a public officer who knowingly charges a fee or demands compensation of any kind for the solemnization of a marriage under this part commits a Class C misdemeanor, and such violation creates a rebuttable presumption that there is an actionable basis to institute ouster proceedings under title 8, chapter 47, or quo warranto proceedings under title 29, chapter 35, for the removal of the public officer from office. (d) If any marriage has been entered into by license regularly issued at which a county mayor 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 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. (k) The judge of the municipal court of any municipality, whether elected or appointed, shall have the authority to solemnize the rite of matrimony in any county of the state. (I) In order to solemnize the rite of matrimony pursuant to subdivision (a)(1 ): (1) A member of the general assembly must first opt in by filing notice of the member's intention to solemnize the rite of matrimony with the office of vital records; and (2) A former member of the general assembly must have filed notice pursuant to subdivision (1)(1) while serving in the general assembly. (m) A person shall not be required to solemnize a marriage.
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; 2012, ch. 677, § 1; 2014, ch. 747, § 1; 2015, ch. 159, § 1; 2017, ch. 288, § 1; 2019, ch. 415, §§ 1-4.; 2023, ch. 46; 2023 Pub. Ch. 185; 2024 Pub. Ch. 511
Texas
No Officiant Registration Required
Texas Family Code
§ 2.202
(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 current, former, or retired federal judge or state judge (b) For the purposes of Subsection (a)(4), "federal judge" and "state judge" have the meanings assigned by Section 25.025, Tax Code (b-1) Repealed. (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 (S.B. 6), Sec. 4.10, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 134 (S.B. 935), Sec. 1, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 1350 (S.B. 1317), Sec. 2, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1069 (H.B. 2278), Sec. 1, eff. September 1, 2015.; HB907 Eff. September 1, 2023
Utah
No Officiant Registration Required
Utah Code
§ 81-2-305
[Section 30-1-6 Renumbered] §81-2-305 Who may solemnize marriages -- Certificate.
(1) The following individuals may solemnize a marriage:
(a) an individual 18 years old or older who is authorized by a religious denomination to solemnize a marriage;
(b) a Native American spiritual advisor;
(c) the governor;
(d) the lieutenant governor;
(e) the state attorney general;
(f) the state treasurer;
(g) the state auditor;
(h) a mayor of a municipality or county executive;
(i) a justice, judge, or commissioner of a court of record;
(j) a judge of a court not of record of the state;
(k) a judge or magistrate of the United States;
(l) the county clerk of any county in the state or the county clerk's designee as authorized by Section 17-20-4;
(m) a senator or representative of the Utah Legislature;
(nn) a member of the state's congressional delegation; or
(oo) a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.
(2) An individual 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) Except for an individual described in Subsection (1)(l), an individual described in Subsection (1) has discretion to solemnize a marriage.
(4) Except as provided in Section 17-20-4 and Subsection (1)(l), and notwithstanding any other provision in law, no individual authorized under Subsection (1) to solemnize a marriage may delegate or deputize another individual to perform the function of solemnizing a marriage.
(5)
(a) Within 30 days after the day on which a marriage is solemnized, the individual solemnizing the marriage shall return the marriage license to the county clerk that issued the marriage license with a certificate of the marriage over the individual's signature stating the date and place of solemnization and the names of two or more witnesses present at the marriage.
(b) An individual described in Subsection (5)(a) who fails to return the license is guilty of an infraction.
(c) An individual described in Subsection (5)(a) who knowingly or intentionally makes a false statement on a certificate of marriage is guilty of perjury and may be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters.
(6)
(a) An individual is guilty of a third degree felony if the individual knowingly:
(i) solemnizes a marriage without a valid marriage license; or
(ii) solemnizes a marriage in violation of this section.
(b) An individual is guilty of a class A misdemeanor if the individual knowingly, with or without a marriage license, solemnizes a marriage between two individuals who are 18 years old or older that is prohibited by law.
Amended by Chapter 151, 2021 General Session; Chapter 444, 2022 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
Vermont
Officiant Registration Required
Vermont Statutes Annotated
§ 5144
18 V.S.A. § 5144 Persons authorized to solemnize marriage ::: (a) Marriages may be solemnized by: (1) a Supreme Court Justice, a Superior judge, a judge of Probate, an assistant judge, a justice of the peace, a magistrate, a Judicial Bureau hearing officer, or an individual who has registered as a temporary officiant with the Vermont Secretary of State pursuant to section 5144a of this title; (2) a member of the clergy ordained, licensed, or otherwise regularly authorized by the published laws or discipline of the general conference, convention, or other authority of his or her faith or denomination who: (A) resides in this State; (B) resides in New Hampshire, Massachusetts, or New York or in the adjacent province of Quebec, Canada, whose parish, church, temple, mosque, or other religious organization lies wholly or in part in this State; or (C) resides in some other state of the United States or in Canada and whose parish, church, temple, mosque, or other religious organization lies wholly outside this State, 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. (b) Marriage among the Friends or Quakers, the Christadelphian Ecclesia, and the Baha’i Faith may be solemnized in the manner used in such societies. (c) 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; 2013, No. 164 (Adj. Sess.), § 1, eff. May 28, 2014; 2017, No. 96 (Adj. Sess.), § 1, eff. April 11, 2018.
Virginia
Officiant Registration Required
Code of Virginia
§ 20-37.1
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.
1952, c. 133.
Washington
No Officiant Registration Required
Revised Code of Washington
§ 26.04.050
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; judges and commissioners of courts of limited jurisdiction as defined in RCW 3.02.010; justices of the supreme court of the United States; judges and judicial officers of the federal courts; judges of tribal courts from a federally recognized tribe; and any regularly licensed or ordained minister or any priest, imam, rabbi, or similar official of any religious organization. The solemnization of a marriage by a tribal court judge pursuant to authority under this section does not create tribal court jurisdiction and does not affect state court authority as otherwise provided by law to enter a judgment for purposes of any dissolution, legal separation, or other proceedings related to the marriage that is binding on the parties and entitled to full faith and credit.
[ 2019 c 52 § 2; 2017 c 130 § 1; 2012 c 3 § 4 (Referendum Measure No. 74, approved November 6, 2012); 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.]; Amd HB1657 eff July 23, 2023
Washington DC
No Officiant Registration Required
Washington DC Code : Title 46: Domestic Relations ; Subtitle 1: General ; Chapter 4: Marriage
§ 46-406
Persons authorized to celebrate marriages: (a) For the purposes of this section, the term: (1) “Civil celebrant” means a person of a secular or non-religious organization who performs marriage ceremonies. (2) “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. (3) “Society” means a voluntary association of individuals for religious purposes. (4) “Temporary officiant” means a person authorized by the Clerk of the Superior Court of the District of Columbia (“Court”) to solemnize a specific marriage. The person’s authority to solemnize that marriage shall expire upon the filing of the marriage license, pursuant to § 46-412. (b) For the purpose of preserving the evidence of marriages in the District of Columbia, a marriage authorized under this chapter may be solemnized by the following persons at least 18 years of age at the time of the marriage: (1) A judge or retired judge of any court of record; (2) The Clerk of the Court or such deputy clerks of the Court as may, in writing, be designated by the Clerk and approved by the Chief Judge of the Court; (3) A minister, priest, rabbi, or authorized person of any religious denomination or society; (4) For any religious society which does not by its own custom require the intervention of a minister for the celebration of marriages, a marriage may be solemnized in the manner prescribed and practiced in that religious society, with the license issued to, and returns to be made by, a person appointed by the religious society for that purpose; (5) A civil celebrant; (6) A temporary officiant; (7) Members of the Council; (8) The Mayor of the District of Columbia; or (9) The parties to the marriage. (b-1) All persons authorized by subsection (b) of this section to solemnize marriages shall comply with the requirements of § 46-412. (b-2) The Court shall charge a reasonable registration fee for authorization to solemnize marriages; provided, that the registration fee for a temporary officiant shall not exceed $25. (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
West Virginia
Officiant Registration Required
West Virginia Code
§ 48-2-401
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.
Wisconsin
No Officiant Registration Required
Wisconsin Statutes
§ 765.16
765.16 ::: Marriage contract, how made; officiating person. ::: (1m) 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. If one of the parties is serving on active duty in the U.S. armed forces or in forces incorporated in the U.S. armed forces, in a reserve unit of the U.S. armed forces, or in the national guard, the presence of only one competent adult witness other than the officiating person is required. The following are authorized to be officiating persons: (a) Any ordained member of the clergy of any religious denomination or society who continues to be an ordained member of the clergy. (b) 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. (c) 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. (d) Any justice or judge or a reserve judge appointed under s. 753.075. (e) Any circuit court commissioner appointed under SCR 75.02 (1) or supplemental court commissioner appointed under s. 757.675 (1). (f) Any municipal judge. (2m) An officiating person under sub. (1m) (a), (b), (d), (e), or (f) must be at least 18 years old.
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; 2013 a. 372.; a. 63; 2021; 2021 a. 63, 84.
Wyoming
No Officiant Registration Required
Wyoming Code
§ 20-1-106
(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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