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30-1-7 Persons Authorized to Solemnize Marriages
(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.
Title 30 Marital and Domestic Relations - Chapter 1: Marriage
(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.)
25.05.261 Who may solemnize
(a) Marriages may be solemnized
(1) by a minister, priest, or rabbi of any church or congregation in the
state, or by a commissioned officer of the Salvation Army, or by the
principal officer or elder of recognized churches or congregations that
traditionally do not have regular ministers, priests, or rabbis,
anywhere within the state;
(2) by a marriage commissioner or judicial officer of the state anywhere
within the jurisdiction of the commissioner or officer; or
(3) before or in any religious organization or congregation according to
the established ritual or form commonly practiced in the organization
or congregation.
(b) This section may not be construed to waive the requirements for obtaining a marriage license.
42.0102 Persons who may perform ceremony.
(a) No minister of any Christian religion has authority to
solemnize or perform any marriage ceremony without first having
registered with the Registrar of Vital Statistics a letter of identity
and confirmation of his authority as a minister in the particular church
to which he belongs. Any minister performing marriage in violation of
this section shall be deemed guilty of an offense against this title.
(b) No marriage shall be invalid for a failure by the minister to
register such letter of identity and confirmation of authority; if the
minister is, in fact, a duly ordained and confirmed member of the clergy
of any Christian religion.
(c) The following are valid and binding marriages:
(1) a marriage performed by a minister of any Christian religion authorized to perform marriages;
(2) a marriage performed by an associate judge, or the Associate Justice or the Chief Justice of American Samoa;
(3) All marriages solemnized before the enactment of this regulation by
any minister of any Christian religion, duly appointed or ordained or
reputed to be duly appointed or ordained.
(d) No marriage is void by reason only of the same having been
celebrated by a person not a duly registered minister if either of the
parties to the marriage believed at the time that the person was a duly
registered minister.
25-124 Persons authorized to perform marriage ceremony; definition
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.
9-11-213 Persons who may solemnize marriages....(Note)
In Arkansas it is now required that you file a copy of your ordination
document with the county before doing marriage ceremonies. Check with
your local marriage license office for details.
(a) For the purpose of being registered and perpetuating the
evidence thereof, marriage shall be solemnized only by the following
persons:
(1) The Governor;
(2) Any former justice of the Supreme Court;
(3) Any judges of the courts of record within this state, including
any former judge of a court of record who served at least four (4) years
or more;
(4) Any justice of the peace, including any former justice of the
peace who served at least two (2) terms since the passage of Arkansas
Constitution, Amendment 55;
(5) Any regularly ordained minister or priest of any religious sect or denomination;
(6) The mayor of any city or town;
(7) Any official appointed for that purpose by the quorum court of the county where the marriage is to be solemnized; or
(8) Any elected district court judge and any former municipal or district court judge who served at least four (4) years.
(b) (1) Marriages solemnized through the traditional rite of the
Religious Society of Friends, more commonly known as Quakers, are
recognized as valid to all intents and purposes the same as marriages
otherwise contracted and solemnized in accordance with law.
(2) The functions, duties, and liabilities of a party solemnizing
marriage, as set forth in the marriage laws of this state, in the case
of marriages solemnized through the traditional marriage rite of the
Religious Society of Friends shall be incumbent upon the clerk of the
congregation or, in his or her absence, his or her duly designated
alternate.
Title 9: Family Law - Subtitle 2: Domestic Relations - Chapter 11: Marriage - Subchapter 2: License and Ceremony
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.
400 Persons Authorized to Solemnize Marriage
Although marriage is a personal relation arising out of a civil,
and not a religious, contract, a marriage may be solemnized by any of
the following who is 18 years of age or older:
(a) A priest, minister, rabbi, or authorized person of any religious
denomination. A person authorized by this subdivision shall not be
required to solemnize a marriage that is contrary to the tenets of his
or her faith. Any refusal to solemnize a marriage under this
subdivision, either by an individual or by a religious denomination,
shall not affect the tax-exempt status of any entity.
(b) 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.
(c) A judge or magistrate who has resigned from office.
(d) Any of the following judges or magistrates of the United States:
(1) A justice or retired justice of the United States Supreme Court.
(2) A judge or retired judge of a court of appeals, a district court,
or a court created by an act of Congress the judges of which are
entitled to hold office during good behavior.
(3) A judge or retired judge of a bankruptcy court or a tax court.
(4) A United States magistrate or retired magistrate.
(e) A legislator or constitutional officer of this state or a Member
of Congress who represents a district within this state, while that
person holds office.
Family Code - Division 3: Marriage - Part 3: Solemnization of Marriage - Chapter 1: Persons Authorized to Solemnize Marriage
14-2-109 Solemnization and registration
(1) A marriage may be solemnized by a judge of a court, by a
court magistrate, by a retired judge of a court, by a public official
whose powers include solemnization of marriages, by the parties to the
marriage, or in accordance with any mode of solemnization recognized by
any religious denomination or Indian nation or tribe. Either the person
solemnizing the marriage or, if no individual acting alone solemnized
the marriage, a party to the marriage shall complete the marriage
certificate form and forward it to the county clerk and recorder within
sixty days after the solemnization. Any person who fails to forward the
marriage certificate to the county clerk and recorder as required by
this section shall be required to pay a late fee in an amount of not
less than twenty dollars. An additional five-dollar late fee may be
assessed for each additional day of failure to comply with the
forwarding requirements of this subsection (1) up to a maximum of fifty
dollars. For purposes of determining whether a late fee shall be
assessed pursuant to this subsection (1), the date of forwarding shall
be deemed to be the date of postmark.
(2) If a party to a marriage is unable to be present at the
solemnization, such party may authorize in writing a third person to act
as such party's proxy. If the person solemnizing the marriage is
satisfied that the absent party is unable to be present and has
consented to the marriage, such person may solemnize the marriage by
proxy. If such person is not satisfied, the parties may petition the
district court for an order permitting the marriage to be solemnized by
proxy.
(3) Upon receipt of the marriage certificate, the county clerk and recorder shall register the marriage.
Title 14: Domestic Matters - Article 2: Marriage and Rights of Married Women - Part 1: Uniform Marriage Act
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.
46b-22 Who may join persons in marriage. Penalty for unauthorized performance
(a) Persons authorized to solemnize marriages in this state
include (1) all judges and retired judges, either elected or appointed,
including federal judges and judges of other states who may legally join
persons in marriage in their jurisdictions, (2) family support
magistrates, state referees and justices of the peace who are appointed
in Connecticut, and (3) all ordained or licensed members of the clergy,
belonging to this state or any other state, as long as they continue in
the work of the ministry. All marriages solemnized according to the
forms and usages of any religious denomination in this state, including
marriages witnessed by a duly constituted Spiritual Assembly of the
Baha'is, are valid. All marriages attempted to be celebrated by any
other person are void.
(b) No public official legally authorized to issue marriage licenses may
join persons in marriage under authority of a license issued by
himself, or his assistant or deputy; nor may any such assistant or
deputy join persons in marriage under authority of a license issued by
such public official.
(c) Any person violating any provision of this section shall be fined not more than fifty dollars.
Volume 12 - Title 46b: Family Law - Chapter 815e: Marriage
(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.)
106 Solemnization of marriages; production of license; penalty; registration of persons authorized to solemnize marriages
(a) A clergyperson or minister of any religion, current and former
Judges of this State's Supreme Court, Superior Court, Family Court,
Court of Chancery, Court of Common Pleas, Justice of the Peace Court,
federal Judges, federal Magistrates, clerks of the peace of various
counties and current and former judges from other jurisdictions with
written authorization by the clerk of the peace from the county in
Delaware where the ceremony is to be performed may solemnize marriages
between persons who may lawfully enter into the matrimonial relation.
The Clerk of the Peace in each county for good cause being shown may:
(1) Allow by written permit within that Clerk's respective county, any
duly sworn member of another state's judiciary, to solemnize marriages
in the State between persons who may lawfully enter into the matrimonial
relation.
(2) Allow by written permit within that Clerk's respective county, the
Clerk of the Peace from another county within the State to solemnize
marriages in the State between persons who may lawfully enter into the
matrimonial relation.
Within the limits of any incorporated municipality, the Mayor thereof
may solemnize marriages between persons who may lawfully enter into
matrimonial relation. Marriages shall be solemnized in the presence of
at least 2 reputable witnesses who shall sign the certificate of
marriage as prescribed by this chapter. Marriages may also be solemnized
or contracted according to the forms and usages of any religious
society. No marriage shall be solemnized or contracted without the
production of a license issued pursuant to this chapter.
(b) For purposes of this section, the words "resident of this State"
shall include the son or daughter of a person who has been domiciled
within the State for 1 year or more, notwithstanding the actual place of
residence of the son or daughter immediately prior to the date of the
marriage.
(c) In the case of absence or disability of the duly elected Clerk of
the Peace, the chief deputy or, if there is no chief deputy, a deputy
employed in the office of the Clerk of the Peace, shall be authorized to
solemnize marriages.
(d) Whoever, not being authorized by this section, solemnizes a
marriage, shall be fined $100, and in default of the payment of such
fine shall be imprisoned not more than 30 days, and such marriage shall
be void, unless it is in other respects lawful and is consummated with
the full belief of either of the parties in its validity.
Title 13: Domestic Relations - Chapter 1: Marriage - Subchapter I: General Provisions
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.;
46-406 Persons authorized to celebrate marriages
(a) For the purposes of this section, the term:
(1) "Religious" includes or pertains to a belief in a theological
doctrine, a belief in and worship of a divine ruling power, a
recognition of a supernatural power controlling man's destiny, or a
devotion to some principle, strict fidelity or faithfulness,
conscientiousness, pious affection, or attachment.
(2) "Society" means a voluntary association of individuals for religious purposes.
(b) For the purpose of preserving the evidence of marriages in the
District of Columbia, every minister of any religious society approved
or ordained according to the ceremonies of his religious society,
whether his residence is in the District of Columbia or elsewhere in the
United States or the territories, may be authorized by any judge of the
Superior Court of the District of Columbia to celebrate marriages in
the District of Columbia. Marriages may also be performed by any judge
or justice of any court of record; provided, that marriages of any
religious society which does not by its own custom require the
intervention of a minister for the celebration of marriages may be
solemnized in the manner prescribed and practiced in any such religious
society, the license in such case to be issued to, and returns to be
made by, a person appointed by such religious society for that purpose.
The Clerk of the Superior Court of the District of Columbia or such
deputy clerks of the Court as may, in writing, be designated by the
Clerk and approved by the Chief Judge, may celebrate marriages in the
District of Columbia.
(c) No priest, imam, rabbi, minister, or other official of any religious
society who is authorized to solemnize or celebrate marriages shall be
required to solemnize or celebrate any marriage.
(d) Each religious society has exclusive control over its own
theological doctrine, teachings, and beliefs regarding who may marry
within that particular religious society's faith.
(e)(1) Notwithstanding any other provision of law, a religious society,
or a nonprofit organization that is operated, supervised, or controlled
by or in conjunction with a religious society, shall not be required to
provide services, accommodations, facilities, or goods for a purpose
related to the solemnization or celebration of a marriage, or the
promotion of marriage through religious programs, counseling, courses,
or retreats, that is in violation of the religious society's beliefs.
(2) A refusal to provide services, accommodations, facilities, or goods
in accordance with this subsection shall not create any civil claim or
cause of action, or result in a District action to penalize or withhold
benefits from the religious society or nonprofit organization that is
operated, supervised, or controlled by or in conjunction with a
religious society.
Title 46: Domestic Relations - Subtitle 1: General - Chapter 4: Marriage
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 NOTES
Prior Codifications
1981 Ed., § 30-106.
1973 Ed., § 30-106.
Effect of Amendments
D.C. Law 18-110 added subsecs. (c), (d), and (e).
Legislative History of Laws
Law 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 § 46-406
Current through January 11, 2012
1023 Same; ceremony
The presence of at least two witnesses is required for the
celebration of a marriage between two noncitizens or between a
noncitizen and a citizen of the Federated States of Micronesia. The
marriage ceremony shall be performed in the State of Chuuk. The
marriage rite may be performed and solemnized by an ordained minister, a
judge or justice, the Governor, or by any person authorized by law to
perform marriages, upon presentation to him of a license to marry as
prescribed in Section 1022 of this Chapter. The person solemnizing a
marriage may receive a fee to be stipulated by the parties, or the
gratification tendered to him.
Title 23: Family Law - Chapter 2: Marriage
(Code 1966, § 692.) 39 TTC § 53, modified.
741.07 Persons authorized to solemnize matrimony
(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.
Title XLIII: Domestic Relations - Chapter 741: Marriage; Domestic Violence
History.?s. 1, Nov. 2, 1829; s. 2, ch. 1127, 1861; RS 2056;
GS 2575; RGS 3934; CGL 5853; s. 1, ch. 28104, 1953; s. 1, ch. 74-372; s.
1, ch. 78-15; s. 34, ch. 95-401.
19-3-30 Issuance, return, and recording of license
(a) Marriage licenses shall be issued only by the judge of the
probate court or his clerk at the county courthouse between the hours of
8:00 A.M. and 6:00 P.M., Monday through Saturday.
(b) (1) No marriage license shall be issued to persons of the same sex.
(2) If one of the persons to be married is a resident of this state,
the license may be issued in any county of this state. If neither the
male nor the female to be married is a resident of this state, the
license shall be issued in the county in which the ceremony is to be
performed.
(c) The license shall be directed to the Governor or any former Governor
of this state, any judge, including judges of state and federal courts
of record in this state, city recorder, magistrate, minister, or other
person of any religious society or sect authorized by the rules of such
society to perform the marriage ceremony; such license shall authorize
the marriage of the persons therein named and require the Governor or
any former Governor of this state, judge, city recorder, magistrate,
minister, or other authorized person to return the license to the judge
of the probate court with the certificate thereon as to the fact and
date of marriage within 30 days after the date of the marriage. The
license with the return thereon shall be recorded by the judge in a book
kept by such judge for that purpose.
(d) The fact of issue of any unrecorded marriage license may be
established by affidavit of either party to a ceremonial marriage, which
affidavit shall set forth the date, the place, and the name and title
of the official issuing the license.
(e) In the event that any marriage license is not returned for
recording, as provided in subsection (c) of this Code section, either
party to a ceremonial marriage may establish the marriage by submitting
to the judge of the probate court the affidavits of two witnesses to the
marriage ceremony setting forth the date, the place, and the name of
the official or minister performing the ceremony. The judge shall
thereupon reissue the marriage license and enter thereon the certificate
of marriage and all dates and names in accordance with the evidence
submitted and shall record and cross-index same in the proper
chronological order in the book kept for that purpose.
(f) Any other provisions of this Code section or any other law to the
contrary notwithstanding, the judge of the probate court of any county
which has within its boundaries a municipality that has a population
according to the United States decennial census of 1950 or any future
such census greater than that of the county seat of the county is
authorized to appoint a clerk for the purpose of granting marriage
licenses in the municipality at an office designated by the judge. The
licenses shall be issued only between the hours prescribed in subsection
(a) of this Code section.
Title 19: Domestic Relations - Chapter 3: Marriage Generally - Article 2: License and Ceremony
HISTORY: Laws 1805, Cobb's 1851 Digest, p. 282; Laws 1809,
Cobb's 1851 Digest, p. 282; Ga. L. 1851-52, p. 49, § 1; Code 1863, §§
1659, 1663; Code 1868, §§ 1702, 1706; Code 1873, §§ 1703, 1707;
Code 1882, §§ 1703, 1707; Civil Code 1895, §§ 2417, 2421; Civil Code
1910, §§ 2936, 2940; Ga. L. 1924, p. 53, § 1; Code 1933, §§
53-201, 53-211; Ga. L. 1956, p. 43, § 1; Ga. L. 1960, p. 179, § 1; Ga.
L. 1965, p. 335, § 2; Ga. L. 1982, p. 3, § 19; Ga. L. 1983, p. 884,
§ 4-1; Ga. L. 1984, p. 1192, § 1; Ga. L. 1987, p. 409, § 1; Ga. L.
1996, p. 624, § 2; Ga. L. 1997, p. 1592, § 1; Ga. L. 2010, p. 394, §
1/SB 238.
3204 Who may solemnize
Marriage may be solemnized by:
(a) The Governor of Guam or his substitute;
(b) The judges of the District Court, and Superior Court;
(c) All ordained clergymen and priests of whatsoever religious
faith who are recognized as such by the religious body whose faith
they represent;
(d) The Director of Revenue and Taxation or the Director of
Administration;
(e) The Speaker of the Guam Legislature, or his/her designee;
(f) All village mayors and vice mayors.
Title 19: Personal Relations - Division 1: Persons &
Personal Relations - Chapter 3: The Contract of Marriage - Article 2:
Authentication of Marriage
572-12 By whom solemnized
A license to solemnize marriages may be issued to, and the
marriage rite may be performed and solemnized by any minister, priest,
or officer of any religious denomination or society who has been
ordained or is authorized to solemnize marriages according to the usages
of such denomination or society, or any religious society not having
clergy but providing solemnization in accordance with the rules and
customs of that society, or any justice or judge or magistrate, active
or retired, of a state or federal court in the State, upon presentation
to such person or society of a license to marry, as prescribed by this
chapter. Such person or society may receive the price stipulated by the
parties or the gratification tendered.
Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures
[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]
It shall not be lawful for any person to perform the marriage
ceremony within the State without first obtaining from the department of
health a license to solemnize marriages.
Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures
[CC 1859, §1283; RL 1925, §2949; am L 1929, c 104, §5;
RL 1935, §4639; RL 1945, §12360; RL 1955, §323-11; am L Sp 1959 2d, c
1, §19; HRS §572-11; am L 1969, c 19, §1]
32-303 BY WHOM SOLEMNIZED
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.
Title 32: Domestic Relations - Chapter 3: Solemnization of Marriage
209 Solemnization and Registration
(a) A marriage may be solemnized by a judge of a court of record,
by a retired judge of a court of record, unless the retired judge was
removed from office by the Judicial Inquiry Board, except that a retired
judge shall not receive any compensation from the State, a county or
any unit of local government in return for the solemnization of a
marriage and there shall be no effect upon any pension benefits
conferred by the Judges Retirement System of Illinois, by a judge of the
Court of Claims, by a county clerk in counties having 2,000,000 or more
inhabitants, by a public official whose powers include solemnization of
marriages, or in accordance with the prescriptions of any religious
denomination, Indian Nation or Tribe or Native Group, provided that when
such prescriptions require an officiant, the officiant be in good
standing with his religious denomination, Indian Nation or Tribe or
Native Group. Either the person solemnizing the marriage, or, if no
individual acting alone solemnized the marriage, both parties to the
marriage, shall complete the marriage certificate form and forward it to
the county clerk within 10 days after such marriage is solemnized.
(b) The solemnization of the marriage is not invalidated by the fact
that the person solemnizing the marriage was not legally qualified to
solemnize it, if either party to the marriage believed him to be so
qualified or by the fact that the marriage was inadvertently solemnized
in a county in Illinois other than the county where the license was
issued.
Rights and Remedies - Chapter 750. Families - 5. Illinois Marriage and Dissolution of Marriage Act - Part II. Marriage
(Source: P.A. 95?775, eff. 1?1?09.)
31-11-6-1 Persons authorized to solemnize marriages
Marriages may be solemnized by any of the following:
(1) A member of the clergy of a religious organization (even if
the cleric does not perform religious functions for an individual
congregation), such as a minister of the gospel, a priest, a bishop, an
archbishop, or a rabbi.
(2) A judge.
(3) A mayor, within the mayor's county.
(4) A clerk or a clerk-treasurer of a city or town, within a county in which the city or town is located.
(5) A clerk of the circuit court.
(6) The Friends Church, in accordance with the rules of the Friends Church.
(7) The German Baptists, in accordance with the rules of their society.
(8) The Bahai faith, in accordance with the rules of the Bahai faith.
(9) The Church of Jesus Christ of Latter Day Saints, in
accordance with the rules of the Church of Jesus Christ of Latter Day
Saints.
(10) An imam of a masjid (mosque), in accordance with the rules of the religion of Islam.
Title 31: Family Law and Juvenile Law - Article 11: Marriage - Chapter 6: Authority to Solemnize Marriages
As added by P.L.1-1997, SEC.3. Amended by P.L.34-1999, SEC.1.
595.10 Who may solemnize
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.
Title XV. Judicial Branch and Judicial Procedures - Subtitle 1. Domestic Relations - Chapter 595. Marriage
[C51, §1472; R60, §2524; C73, §2193; C97, §3145; C24,
27, 31, 35, 39, §10436; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §595.10; 81 Acts, ch 188, §1]
83 Acts, ch 159, §1; 87 Acts, ch 115, §69; 95 Acts, ch 92, §3
23-104a Solemnizing marriage; persons authorized to officiate
(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.
Chapter 23: Domestic Relations - Article 1: Marriage
History:
L. 1968, ch. 207, § 1; L. 1973, ch. 134, § 26;
L. 1984, ch. 134, § 1; L. 1996, ch. 194, § 2;
July 1.
402.050 Who may solemnize marriage -- Persons present
(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.
Title XXXV: Domestic Relations - Chapter 402: Marriage - Solemnization
Effective: July 15, 1996
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.
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 is authorized by
the authorities of his religion to perform marriages, and who is
registered to perform marriages; (in the state of Louisiana)
(2) A state judge or justice of the peace.
Title 9: Civil Code-Ancillaries - Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles - Part I. Officiants
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 1997, No. 73, §1.
655 Authorization; penalties
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; [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 [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. [2011, c. 111,§4 (NEW).]
[ 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. [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. [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). [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. [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.
[2011, c. 111, §5 (NEW).]
[ 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.
[ 1995, c. 694, Pt. B, §2 (NEW); 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) .]
Title 19-A: Domestic Relations - Part 2: Married Persons - Chapter 23: Marriage - Subchapter 1: General Provisions
SECTION HISTORY
1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 2001, c. 574, §6
(AMD). IB 2011, c. 1, §4 (AMD). 2011, c. 111, §§2-5 (AMD).
429 Performance and solemnization of marriage
(1) A marriage may only be performed and solemnized by a Registrar, an ordained minister of
church, a judge of the High Court or District Court, or by any person authorized by any other law to
perform and solemnize a marriage. The person performing and solemnizing a marriage may receive
a fee as may be prescribed.
(2) No marriage shall be performed or solemnized except in the presence of two witnesses.
(3) Where the marriage is between two non-citizens or between a non-citizen and a citizen, no
marriage shall be performed or solemnized except upon a license granted under the hand of the
Secretary of Foreign Affairs. This subsection (3) does not apply to marriages at sea.
(4) Marriages at sea may be performed and solemnized by the vessel’s Master, or other person
authorized by law. Such marriages shall not require a license granted under the hand of the Secretary
of Foreign Affairs.
(5) For the purposes of this Chapter, "marriages at sea" shall mean marriages performed aboard
vessels of the Republic registered with the Maritime Administrator.
Title 26: Family - Chapter 4: Births, Deaths and Marriages Registration - Part IV: Marriages
[P.L. 1988-10, §29.][subsection (3) amended and subsection
(4) and (5) inserted by P.L.2009-17][“Minister� replaced with
Secretary by P.L. 2009-26]
2-406 Performance of 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.
Family Law - Title 2. Marriage - Subtitle 4: Licensing and Performance
[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.]
38 Situs; persons authorized
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.
Part II: Real and Personal Property and Domestic Relations - Title III: Domestic Relations - Chapter 207: Marriag
39 Justice or non-resident clergymen
The governor may in his discretion designate a justice of the
peace in each town and such further number, not exceeding one for every
five thousand inhabitants of a city or town, as he considers expedient,
to solemnize marriages, and may for a cause at any time revoke such
designation. The state secretary, upon payment of twenty-five dollars to
him by a justice of the peace so designated, who is also a clerk or an
assistant clerk of a city or town or upon the payment of fifty dollars
by any other such justice, shall issue to him a certificate of such
designation.
The state secretary may authorize, subject to such conditions as he may
determine, the solemnization of any specified marriage anywhere within
the commonwealth by the following nonresidents: a minister of the gospel
in good and regular standing with his church or denomination; a
commissioned cantor or duly ordained rabbi of the Jewish faith; an
authorized representative of a Spiritual Assembly of the Baha'is in
accordance with the usage of their community; the Imam of the Orthodox
Islamic religion; a duly ordained 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 recognized by the American Ethical Union and
who is duly appointed and in good and regular standing with the American
Ethical Union; a justice of a court or a justice of the peace
authorized to solemnize a marriage by virtue of their office within
their state of residence; 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. A nonresident may solemnize a marriage according to the usage
of any church or religious organization which shall have complied with
the provisions of the second paragraph of section 38. A certificate of
such authorization shall be issued by the state secretary and shall be
attached to the certificate issued under section twenty-eight and filed
with the appropriate city or town clerk. If one of the nonresidents
enumerated above solemnizes a specified marriage anywhere within the
commonwealth without having obtained a certificate under this section,
the state secretary, upon application of such person, may issue a
certificate validating such person's acts. The certificate of validation
shall be filed with the certificate issued under section twenty-eight
of chapter two hundred and seven.
In addition to the foregoing, the governor may designate any other
person 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. The state secretary, upon the payment to him of twenty-five
dollars by said other person, shall issue to said person a certificate
of such designation. Such certificate shall expire upon completion of
such solemnization.
Part II: Real and Personal Property and Domestic Relations - Title III: Domestic Relations - Chapter 207: Marriage
551.7 Persons authorized to solemnize marriage; records; returns; disposition of fees charged by mayor or county clerk
(1) Marriages may be solemnized by any of the following:
(a) A judge of the district court, in the district in which the judge is serving.
(b) A district court magistrate, in the district in which the magistrate serves.
(c) A municipal judge, in the city in which the judge is serving or in a
township over which a municipal court has jurisdiction under section
9928 of the revised judicature act of 1961, 1961 PA 236, MCL 600.9928.
(d) A judge of probate, in the county or probate court district in which the judge is serving.
(e) A judge of a federal court.
(f) A mayor of a city, anywhere in a county in which that city is located.
(g) A county clerk in the county in which the clerk serves, or in
another county with the written authorization of the clerk of the other
county.
(h) For a county having more than 2,000,000 inhabitants, an employee of
the county clerk's office designated by the county clerk, in the county
in which the clerk serves.
(i) A minister of the gospel or cleric or religious practitioner,
anywhere in the state, if the minister or cleric or religious
practitioner is ordained or authorized to solemnize marriages according
to the usages of the denomination.
(j) A minister of the gospel or cleric or religious practitioner,
anywhere in the state, if the minister or cleric or religious
practitioner is not a resident of this state but is authorized to
solemnize marriages under the laws of the state in which the minister or
cleric or religious practitioner resides.
(2) A person authorized by this act to solemnize a marriage shall keep
proper records and make returns as required by section 4 of 1887 PA 128,
MCL 551.104.
(3) If a mayor of a city solemnizes a marriage, the mayor shall charge
and collect a fee to be determined by the council of that city, which
shall be paid to the city treasurer and deposited in the general fund of
the city at the end of the month.
(4) If the county clerk or, in a county having more than 2,000,000
inhabitants, an employee of the clerk's office designated by the county
clerk solemnizes a marriage, the county clerk shall charge and collect a
fee to be determined by the commissioners of the county in which the
clerk serves. The fee shall be paid to the treasurer for the county in
which the clerk serves and deposited in the general fund of that county
at the end of the month.
Chapter 551: Marriage
History: R.S. 1846, Ch. 83 ;-- CL 1857, 3210 ;-- CL 1871,
4725 ;-- Am. 1873, Act 85, Eff. July 31, 1873 ;-- How. 6215 ;-- CL 1897,
8594 ;-- Am. 1903, Act 139, Eff. Sept. 17, 1903 ;-- Am. 1909, Act 235,
Eff. Sept. 1, 1909 ;-- CL 1915, 11368 ;-- CL 1929, 12696 ;-- Am. 1931,
Act 28, Imd. Eff. Apr. 21, 1931 ;-- Am. 1937, Act 42, Eff. Oct. 29, 1937
;-- CL 1948, 551.7 ;-- Am. 1972, Act 211, Eff. July 1, 1972 ;-- Am.
1975, Act 175, Imd. Eff. July 20, 1975 ;-- Am. 1979, Act 24, Imd. Eff.
June 6, 1979 ;-- Am. 1983, Act 64, Imd. Eff. May 26, 1983 ;-- Am. 2006,
Act 419, Imd. Eff. Sept. 29, 2006 ;-- Am. 2006, Act 613, Imd. Eff. Jan.
3, 2007 ;-- Am. 2008, Act 47, Imd. Eff. Mar. 27, 2008
517.04 Persons Authorized to Perform Marriages
Marriages may be solemnized throughout the state by an individual
who has attained the age of 21 years and is a judge of a court of
record, a retired judge of a court of record, a court administrator, a
retired court administrator with the approval of the chief judge of the
judicial district, a former court commissioner who is employed by the
court system or is acting pursuant to an order of the chief judge of the
commissioner's judicial district, the residential school administrators
of the Minnesota State Academy for the Deaf and the Minnesota State
Academy for the Blind, a licensed or ordained minister of any religious
denomination, or by any mode recognized in section 517.18.
Chapter 517: Marriage
History: (8565) RL s 3555; 1978 c 772 s 3; 1981 c 101 s 1;
1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 377 s 10; 1987 c 384 art 1 s
55; 1991 c 85 s 1; 1995 c 129 s 1; 2009 c 129 s 3
Ministers of any religious denomination, before they are
authorized to solemnize a marriage, shall file a copy of their
credentials of license or ordination or, if their religious denomination
does not issue credentials, authority from the minister's spiritual
assembly, with the local registrar of a county in this state, who shall
record the same and give a certificate of filing thereof. The place
where the credentials are recorded shall be endorsed upon and recorded
with each certificate of marriage granted by a minister.
Chapter 517: Marriage
History: (8566) RL s 3556; 1978 c 772 s 4; 1Sp1986 c 3 art 1 s 82; 2009 c 129 s 4
93-1-17 By whom marriages may be solemnized
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.
Title 93: Domestic Relations - Chapter 1: Marriage
Sources: Codes, Hutchinson's 1848, ch. 34, art. 1 (1); 1857,
ch. 40, art. 1; 1871, § 1755; 1880, § 1150; 1892, § 2862; 1906, §
3247; Hemingway's 1917, § 2554; 1930, § 2365; 1942, § 463; Laws,
1962, ch. 490; Laws, 1984, ch. 412; Laws, 1993, ch. 518, § 35; Laws,
1994, ch. 330, § 2, eff from and after passage (approved March 14,
1994).
451.100 Marriages solemnized by whom
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.
Title XXX: Domestic Relations - Chapter 451: Marriage, Marriage Contracts, and Rights of Married Women
(RSMo 1939 § 3363, A.L. 1945 p. 1145, A.L. 1969 p. 545, A.L. 1978 H.B. 1634, A.L. 1989 H.B. 898, A.L. 1998 H.B. 987)
Prior revisions: 1929 § 2976; 1919 § 7301; 1909 § 8282
40-1-301 Solemnization and registration
(1) A marriage may be solemnized by a judge of a court of record,
by a public official whose powers include solemnization of marriages, by
a mayor, city judge, or justice of the peace, by a tribal judge, or in
accordance with any mode of solemnization recognized by any religious
denomination, Indian nation or tribe, or native group. Either the person
solemnizing the marriage or, if no individual acting alone solemnized
the marriage, a party to the marriage shall complete the marriage
certificate form and forward it to the clerk of the district court.
(2) If a party to a marriage is unable to be present at the
solemnization, the party may authorize in writing a third person to act
as proxy. If the person solemnizing the marriage is satisfied that the
absent party is unable to be present and has consented to the marriage,
the person may solemnize the marriage by proxy. If the person
solemnizing the marriage is not satisfied, the parties may petition the
district court for an order permitting the marriage to be solemnized by
proxy.
(3) The solemnization of the marriage is not invalidated by the
fact that the person solemnizing the marriage was not legally qualified
to solemnize it if either party to the marriage believed that person to
be qualified.
(4) One party to a proxy marriage must be a member of the armed
forces of the United States on federal active duty or a resident of
Montana at the time of application for a license and certificate
pursuant to 40-1-202. One party or a legal representative shall appear
before the clerk of court and pay the marriage license fee. For the
purposes of this subsection, residency must be determined in accordance
with 1-1-215.
Title 40: Family Law - Chapter 1: Marriage - Part 3: Solemnization
History: En. 48-309 by Sec. 9, Ch. 536, L. 1975; amd. Sec.
9, Ch. 33, L. 1977; R.C.M. 1947, 48-309(1), (2), (4); amd. Sec. 1, Ch.
247, L. 1979; amd. Sec. 3, Ch. 348, L. 1985; amd. Sec. 2, Ch. 235, L.
2007.
42-108 Marriage ceremony; who may perform; return; contents
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.
Chapter 42: Husband and Wife
Source
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.
122.062 Licensed, ordained or appointed ministers, other
persons authorized to solemnize a marriage and chaplains of Armed Forces
to obtain certificates from county clerk; temporary replacements;
solemnization by minister or other authorized person who resides in Nevada.
1. Any licensed, ordained or appointed minister or other person
authorized to solemnize a marriage in good standing within his or her
church or religious organization, or either of them, incorporated,
organized or established in this State, may join together as husband and
wife persons who present a marriage license obtained from any county
clerk of the State, if the minister or other person authorized to
solemnize a marriage first obtains a certificate of permission to
perform marriages as provided in NRS 122.062 to 122.073, inclusive. The
fact that a minister or other person authorized to solemnize a marriage
is retired does not disqualify him or her from obtaining a certificate
of permission to perform marriages if, before retirement, the minister
or other person authorized to solemnize a marriage had active charge of a
church or religious organization for a period of at least 3 years.
2. A temporary replacement for a licensed, ordained or appointed
minister or other person authorized to solemnize a marriage certified
pursuant to NRS 122.062 to 122.073, inclusive, may solemnize marriages
pursuant to subsection 1 during such time as he or she may be authorized
to do so by the county clerk in the county in which he or she is a
temporary replacement, for a period not to exceed 90 days. The minister
or other person authorized to solemnize a marriage whom he or she
temporarily replaces shall provide him or her with a written
authorization which states the period during which it is effective.
3. Any chaplain who is assigned to duty in this State by the
Armed Forces of the United States may solemnize marriages if the
chaplain obtains a certificate of permission to perform marriages from
the county clerk of the county in which his or her duty station is
located. The county clerk shall issue such a certificate to a chaplain
upon proof of his or her military status as a chaplain and of his or her
assignment.
4. A county clerk may authorize a licensed, ordained or appointed
minister or other person authorized to solemnize a marriage whose
residence and church or religious organization is in another state or
who is retired, if his or her service was as described in subsection 1,
to perform marriages in the county if the county clerk is satisfied that
the minister or other person authorized to solemnize a marriage is in
good standing with his or her church or religious organization pursuant
to this section. The authorization must be in writing and need not be
filed with any other public officer. A separate authorization is
required for each marriage performed. Such a minister or other person
authorized to solemnize a marriage may perform not more than five
marriages in this State in any calendar year and must acknowledge that
he or she is subject to the jurisdiction of the county clerk with
respect to the provisions of this chapter governing the conduct of
ministers or other persons authorized to solemnize a marriage to the
same extent as if he or she were a minister or other person authorized
to solemnize a marriage residing in this State.
Title 11: Domestic Relations - Chapter 122: Marriage - Certificates of Permission to Perform Marriages
(Added to NRS by 1967, 1289; A 1969, 37; 1993, 1462; 1997, 2040; 1999, 520, 541; 2009, 724)
1. The Secretary of State shall establish and maintain a
statewide database of ministers or other persons authorized to solemnize
a marriage. The database must:
(a) Serve as the official list of ministers or other persons authorized to solemnize a marriage approved in this State;
(b) Provide for a single method of storing and managing the official list;
(c) Be a uniform, centralized and interactive database;
(d) Be electronically secure and accessible to each county clerk in this State;
(e) Contain the name, mailing address and other pertinent
information of each minister or other person authorized to solemnize a
marriage as prescribed by the Secretary of State; and
(f) Include a unique identifier assigned by the Secretary of State
to each minister or other person authorized to solemnize a marriage.
2. If the county clerk approves an application for a certificate
of permission to perform marriages, the county clerk shall:
(a) Enter all information contained in the application into the
electronic statewide database of ministers or other persons authorized
to solemnize a marriage maintained by the Secretary of State not later
than 10 days after the certificate of permission to perform marriages is
approved by the county clerk; and
(b) Provide to the Secretary of State all information related to
the minister or other person authorized to solemnize a marriage pursuant
to paragraph (e) of subsection 1.
3. Upon approval of an application pursuant to subsection 2, the
minister or other person authorized to solemnize a marriage:
(a) Shall comply with the laws of this State governing the
solemnization of marriage and conduct of ministers or other persons
authorized to solemnize a marriage;
(b) Is subject to further review or investigation by the county
clerk to ensure that he or she continues to meet the statutory
requirements for a person authorized to solemnize a marriage; and
(c) Shall provide the county clerk with any changes to his or her
status or information, including, without limitation, the address or
telephone number of the church or religious organization or any other
information pertaining to certification.
4. A certificate of permission is valid until the county clerk
has received an affidavit of revocation of authority to solemnize
marriages pursuant to NRS 122.0665.
5. An affidavit of revocation of authority to solemnize marriages
that is received pursuant to subsection 4 must be sent to the county
clerk within 5 days after the minister or other person authorized to
solemnize a marriage ceased to be a member of the church or religious
organization in good standing or ceased to be a minister or other person
authorized to solemnize a marriage for the church or religious
organization.
6. If the county clerk in the county where the certificate of
permission was issued has reason to believe that the minister or other
person authorized to solemnize a marriage is no longer in good standing
within his or her church or religious organization, or that he or she is
no longer a minister or other person authorized to solemnize a
marriage, or that such church or religious organization no longer
exists, the county clerk may require satisfactory proof of the good
standing of the minister or other person authorized to solemnize a
marriage. If such proof is not presented within 15 days, the county
clerk shall revoke the certificate of permission by amending the
electronic record of the minister or other person authorized to
solemnize a marriage in the statewide database pursuant to subsection 1.
7. If any minister or other person authorized to solemnize a
marriage to whom a certificate of permission has been issued severs ties
with his or her church or religious organization or moves from the
county in which his or her certificate was issued, the certificate shall
expire immediately upon such severance or move, and the church or
religious organization shall, within 5 days after the severance or move,
file an affidavit of revocation of authority to solemnize marriages
pursuant to NRS 122.0665. If the minister or other person authorized to
solemnize a marriage voluntarily advises the county clerk of the county
in which his or her certificate was issued of his or her severance with
his or her church or religious organization, or that he or she has moved
from the county, the certificate shall expire immediately upon such
severance or move without any notification to the county clerk by the
church or religious organization.
8. The Secretary of State may adopt regulations concerning the
creation and administration of the statewide database. This section does
not prohibit the Secretary of State from making the database publicly
accessible for the purpose of viewing ministers or other persons who are
authorized to solemnize a marriage in this State.
Title 11: Domestic Relations - Chapter 122: Marriage -
Authentication of Marriage - Certificates of Permission to Perform
Marriages
(Added to NRS by 1967, 1290; A 1969, 92; 1971, 1550; 2009, 728)
457:31 Solemnization of Marriage
A marriage may be solemnized in the following manner:
I. In a civil ceremony by a justice of the peace as commissioned by
the state and by judges of the United States appointed pursuant to
Article III of the United States Constitution, by bankruptcy judges
appointed pursuant to Article I of the United States Constitution, or by
United States magistrate judges appointed pursuant to federal law; or
II. In a religious ceremony by any minister of the gospel in the
state who has been ordained according to the usage of his or her
denomination, resides in the state, and is in regular standing with the
denomination; by any member of the clergy who is not ordained but is
engaged in the service of the religious body to which he or she belongs,
and who resides in the state, after being licensed therefor by the
secretary of state; or within his or her parish, by any minister
residing out of the state, but having a pastoral charge wholly or partly
in this state.
Title 63: Domestic Relations - Chapter 457: Marriages
Source. RS 147:6. CS 156:6. 1861, 2484:1. GS 161:9. 1877,
57:1. GL 180:9. PS 174:8. 1919, 56:1. 1921, 79:1. PL 286:28. RL 338:31.
RSA 457:31. 1969, 435:1. 1998, 294:1. 2001, 11:1, eff. April 24, 2001.
2006, 86:2, eff. July 4, 2006. 2009, 59:3, eff. Jan. 1, 2010.
37:1-13 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 a tax court, retired judge of the Superior Court or Tax Court,
or judge of the Superior Court or Tax Court, the former County Court,
the former County Juvenile and Domestic Relations Court, or the former
County District Court who has resigned in good standing, surrogate of
any county, county clerk and any mayor or the deputy mayor when
authorized by the mayor, or chairman of any township committee or
village president of this State, and every minister of every religion,
are hereby authorized to solemnize marriages or civil unions between
such persons as may lawfully enter into the matrimonial relation or
civil union; and every religious society, institution or organization in
this State may join together in marriage or civil union such persons
according to the rules and customs of the society, institution or
organization.
Title 37: Marriages and Married Persons
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.
40-1-2 Clergymen or civil magistrates may solemnize; fees
A. A person may solemnize the contract of matrimony by means
of an ordained clergyman or authorized representative of a federally
recognized Indian tribe, without regard to the sect to which he may
belong or the rites and customs he may practice.
B. Judges, justices and magistrates of any of the courts established
by the constitution of New Mexico, United States constitution, laws of
the state or laws of the United States are civil magistrates having
authority to solemnize contracts of matrimony.
C. Civil magistrates solemnizing contracts of matrimony shall charge no fee therefor.
Chapter 40: Domestic Affairs - Article 1: Marriage in General
11 By whom a marriage must be solemnized
No marriage shall be valid unless solemnized by either:
1. A clergyman or minister of any religion, or by the senior leader,
or any of the other leaders, of The Society for Ethical Culture in the
city of New York, having its principal office in the borough
of Manhattan, or by the leader of The Brooklyn Society for Ethical
Culture, having its principal office in the borough of Brooklyn of
the city of New York, or of the Westchester Ethical Society, having
its principal office in Westchester county, or of the Ethical Culture
Society of Long Island, having its principal office in Nassau
county, or of the Riverdale-Yonkers Ethical Society having its
principal office in Bronx county, or by the leader of any other Ethical
Culture Society affiliated with the American Ethical Union.
2. A mayor of a village, a county executive of a county, or a mayor,
recorder, city magistrate, police justice or police magistrate of a
city, a former mayor or the city clerk of a city of the first class
of over one million inhabitants or any of his or her deputies or not
more than four regular clerks, designated by him or her for such
purpose as provided in section eleven-a of this chapter, except
that in cities which contain more than one hundred thousand and less
than one million inhabitants, a marriage shall be solemnized by
the mayor, or police justice, and by no other officer of such city,
except as provided in subdivisions one and three of this section.
3. A judge of the federal circuit court of appeals for the second
circuit, a judge of a federal district court for the northern, southern,
eastern or western district of New York, a judge of the United
States court of international trade, a federal administrative law
judge presiding in this state, a justice or judge of a court of the
unified court system, a housing judge of the civil court of the
city of New York, a retired justice or judge of the unified court
system or a retired housing judge of the civil court of the
city of New York certified pursuant to paragraph (k) of subdivision two
of section two hundred twelve of the judiciary law, the clerk of the
appellate division of the supreme court in each judicial department, a
retired city clerk who served for more than ten years in such capacity
in a city having a population of one million or more or a county
clerk of a county wholly within cities having a population of one
million or more; or,
4. A written contract of marriage signed by both parties and at least
two witnesses, all of whom shall subscribe the same within this state,
stating the place of residence of each of the parties and witnesses
and the date and place of marriage, and acknowledged before a judge
of a court of record of this state by the parties and witnesses in the
manner required for the acknowledgment of a conveyance of real
estate to entitle the same to be recorded.
5. Notwithstanding any other provision of this article, where either
or both of the parties is under the age of eighteen years a marriage
shall be solemnized only by those authorized in subdivision one of
this section or by (1) the mayor of a city or village, or county
executive of a county, or by (2) a judge of the federal circuit court of
appeals for the second circuit, a judge of a federal district
court for the northern, southern, eastern or western district of New
York, a judge of the United States court of international trade, or a
justice or a judge of a court of the unified court system, or by (3) a
housing judge of the civil court of the city of New York, or by (4) a
former mayor or the clerk of a city of the first class of over one
million inhabitants or any of his or her deputies designated by him or
her for such purposes as provided in section eleven-a of this chapter.
6. Notwithstanding any other provisions of this article to the
contrary no marriage shall be solemnized by a public officer specified
in this section, other than a judge of a federal district court for
the northern, southern, eastern or western district of New York, a
judge of the United States court of international trade, a federal
administrative law judge presiding in this state, a judge or justice
of the unified court system of this State, a housing judge of the civil
court of the city of New York, or a retired judge or justice of
the unified court system or a retired housing judge of the civil court
certified pursuant to paragraph (k) of subdivision two of section two
hundred twelve of the judiciary law, outside the territorial
jurisdiction in which he or she was elected or appointed. Such a public
officer, however, elected or appointed within the city of New York
may solemnize a marriage anywhere within such city.
7. The term "clergyman" or "minister" when used in this article, shall
include those defined in section two of the religious corporations law.
The word "magistrate, " when so used, includes any person referred to
in the second or third subdivision.
DOM Domestic Relations - Article 3
Every person authorized by law to perform the marriage
ceremony, before performing any such ceremonies in the city of New York,
shall register his or her name and address in the office of the
city clerk of the city of New York. Every such person, before
performing any marriage ceremonies subsequent to a change in his or her
address, shall likewise register such change of address. Such
city clerk is hereby empowered to cancel the registration of any
person so registered upon satisfactory proof that the registration was
fraudulent, or upon satisfactory proof that such person is no longer
entitled to perform such ceremony.
51-1 Requisites of marriage; solemnization
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.
Chapter 51: Marriage - Article 1: General Provisions
(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.)
14-03-09 Who may solemnize marriages
Marriages may be solemnized by all judges of courts of record;
municipal judges; recorders, unless the board of county commissioners
designates a different official; ordained ministers of the gospel;
priests; clergy licensed by recognized denominations pursuant to chapter
10-33; and by any person authorized by the rituals and practices of any
religious persuasion.
Title 14: Domestic Relations and Person - Chapter 3: Marriage Contract
1203 Two noncitizens or noncitizen and citizen; requisites of marriage contract; ceremony.
The presence of two witnesses, at least, is required for the
celebration of a marriage between two noncitizens or between a
noncitizen and a citizen of the Trust Territory. The marriage ceremony
shall be performed in the Commonwealth. The marriage rite may be
performed and solemnized by an ordained minister, a judge, the Governor
or by any person authorized by law to perform marriages, upon
presentation to that person of a license to marry as prescribed in 8 CMC
§ 1202. The person solemnizing a marriage may receive a fee to be
stipulated by the parties, or the gratification tendered.
Title 8: Family Law & Probate - Division 1: Domestic Relations - Chapter 2: Marriage and The Family - Article 1: Marriage
3101.08 Who may solemnize marriages
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.
Title XXXI: Domestic Relations - Children - Chapter 3031: Marriage
Effective Date: 04-11-1991
A minister upon producing to the secretary of state, credentials
of the minister's being a regularly ordained or licensed minister of any
religious society or congregation, shall be entitled to receive from
the secretary of state a license authorizing the minister to solemnize
marriages in this state so long as the minister continues as a regular
minister in that society or congregation. A minister shall produce for
inspection the minister's license to solemnize marriages upon demand of
any party to a marriage at which the minister officiates or proposes to
officiate or upon demand of any probate judge.
Amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.
Effective Date: 06-04-1976
Title XXXI: Domestic Relations - Children - Chapter 3031: Marriage
The secretary of state shall enter the name of a minister
licensed to solemnize marriages upon a record kept in the office of the
secretary of state.
Effective Date: 06-04-1976
Title XXXI: Domestic Relations - Children - Chapter 3031: Marriage
Minister Required to Register with State... More Ohio State Laws
43-7 Solemnization of marriages; production of license; penalty; registration of persons authorized to solemnize marriages
A. All marriages must be contracted by a formal ceremony performed
or solemnized in the presence of at least two adult, competent persons
as witnesses, by a judge or retired judge of any court in this state, or
an ordained or authorized preacher or minister of the Gospel, priest or
other ecclesiastical dignitary of any denomination who has been duly
ordained or authorized by the church to which he or she belongs to
preach the Gospel, or a rabbi and who is at least eighteen (18) years of
age.
B. 1. The judge shall place his or her order of appointment on file with
the office of the court clerk of the county in which he or she resides.
2. The preacher, minister, priest, rabbi, or ecclesiastical dignitary
who is a resident of this state shall have filed, in the office of the
court clerk of the county in which he or she resides, a copy of the
credentials or authority from his or her church or synagogue authorizing
him or her to solemnize marriages.
3. The preacher, minister, priest, rabbi, or ecclesiastical dignitary
who is not a resident of this state, but has complied with the laws of
the state of which he or she is a resident, shall have filed once, in
the office of the court clerk of the county in which he or she intends
to perform or solemnize a marriage, a copy of the credentials or
authority from his or her church or synagogue authorizing him or her to
solemnize marriages.
4. The filing by resident or nonresident preachers, ministers, priests,
rabbis, ecclesiastical dignitaries or judges shall be effective in and
for all counties of this state; provided, no fee shall be charged for
such recording.
C. No person herein authorized to perform or solemnize a marriage
ceremony shall do so unless the license issued therefor be first
delivered into his or her possession nor unless he or she has good
reason to believe the persons presenting themselves before him or her
for marriage are the identical persons named in the license, and for
whose marriage the same was issued, and that there is no legal objection
or impediment to such marriage.
D. Marriages between persons belonging to the society called Friends, or
Quakers, the spiritual assembly of the Baha'is, or the Church of Jesus
Christ of Latter Day Saints, which have no ordained minister, may be
solemnized by the persons and in the manner prescribed by and practiced
in any such society, church, or assembly.
Title 43: Husband and Wife
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.
106.120 Who may solemnize marriage; fee; personal payment; records
(1) As used in this section, "judicial officer" means:
(a) A judicial officer of this state as that term is defined in ORS
1.210 and includes but is not limited to a judge of a municipal court
and a justice of the peace.
(b) An active judge of a federal court.
(c) An active United States magistrate judge.
(2) Marriages may be solemnized by:
(a) A judicial officer;
(b) A county clerk;
(c) Religious congregations or organizations as indicated in ORS 106.150 (2); or
(d) A clergyperson of any religious congregation or organization who is
authorized by the congregation or organization to solemnize marriages.
(3) A person authorized to solemnize marriages under subsection (2) of
this section may solemnize a marriage anywhere in this state.
(4)(a) When a marriage is solemnized by a tax, appellate or circuit
judge of this state, the clerk of the court or the county clerk shall
collect a fee of $25 and deposit the fee in the Judicial Department
Operating Account established in ORS 1.009.
(b) When a marriage is solemnized by a county clerk, the county clerk shall collect a fee of $25, as provided in ORS 205.320.
(c) The fee described in this subsection may be collected only if:
(A) The marriage is solemnized during normal working hours, excluding holidays;
(B) The marriage is solemnized in court facilities or a county clerk's office; or
(C) More than a minimal amount of staff time or other court or county
clerk's office resources are used in connection with the solemnization.
(d) The Chief Justice of the Supreme Court or the county clerk may
establish a written procedure for waiver of the fee required under this
subsection in exigent circumstances, including but not limited to
indigency of the parties to the marriage.
(5) In addition to any fee collected under subsection (4) of this
section, a judicial officer of this state and a county clerk may charge
and accept an agreed upon personal payment not to exceed $100 plus
actual costs for the solemnization of a marriage if that solemnization
is performed:
(a) At a place other than the courthouse where the judicial officer or county clerk serves; or
(b) Outside of the judicial officer's or county clerk's normal working hours.
(6) The charging and accepting of a personal payment by a judicial
officer of this state or a county clerk under subsection (5) of this
section does not constitute a violation of any of the provisions of ORS
chapter 244.
(7) The amount of actual costs charged by a judicial officer of this
state or a county clerk under subsection (5) of this section may not
exceed:
(a) Actual expenses for food and lodging as verified by receipts.
(b) If travel is made by personal vehicle, the actual number of
round-trip miles from the judicial officer's or county clerk's home or
office, whichever is greater, compensated at the rate of reimbursement
then provided by the State of Oregon to its employees or, if travel is
made by a commercial carrier, reimbursement shall be made of the actual
costs thereof, verified by receipts.
(8) A judicial officer of this state or a county clerk shall maintain
records of the amount of personal payments received for performing
marriages, of actual costs and the supporting documentation related
thereto for a period of four years.
(9) The parties to a marriage solemnized by a tax, appellate or circuit
judge of this state shall show to the judge proof of payment of the fee
required under subsection (4)(a) of this section before solemnization.
Except as provided in subsection (4)(d) of this section, the judge may
not solemnize a marriage without proof of payment of the fee.
Volume 3 - Title 11: Domestic Relations - Chapter 106: Marriage
[Amended by 1971 c.621 §22; 1975 c.607 §22; 1977 c.518
§2; 1979 c.724 §3; 1979 c.833 §24; 1981 c.176 §1; 1991 c.282 §1;
1991 c.458 §1; 1997 c.424 §1; 1999 c.776 §1; 2001 c.501 §1; 2003
c.565 §1; 2003 c.737 §111]
21-203 Same; ceremony
The presence of at least two witnesses is required for the
celebration of a marriage between two noncitizens or between a
noncitizen and a citizen. The marriage ceremony shall be performed in
the Republic. The marriage rite may be performed and solemnized by an
ordained minister, a judge [or] justice, the President, or by any person
authorized by law to perform marriages, upon presentation to him of a
license to marry as prescribed in section 202 of this chapter. The
person solemnizing a marriage may receive a fee to be stipulated by the
parties, or the gratification tendered to him."
Title 21: Domestic Relations - Chapter 2: Marriage
(Code 1966, ' 692.) 39 TTC ' 53, modified.
1503 Persons qualified to solemnize marriages
(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.
Title 23: Domestic Relations - Part 2: Marriage - Chapter 15: Marriage Ceremony
(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.)
243 Authorization and celebration of marriage--Who may celebrate
All regularly licensed or ordained priests or other ministers of
the Gospel, Jewish rabbis, and the judges of the Supreme Court, judges
of the Appeals Court, judges of the Court of First Instance, the judges
of the United States District Court for Puerto Rico, may celebrate the
marriage rites between all persons legally authorized to marry.
Title 31: Civil Code - Sub Title 1: Persons - Part III: Marriage - Chapter 31: Requisites Necessary to Contract Marriage
HISTORY: Civil Code, 1930, § 75; July 18, 1996, No. 72, § 1; Jan. 5, 2000, No. 16, § 1.
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 or general chief clerk of a superior court, family
court, district court, or traffic tribunal, magistrates, special or
general magistrates of the superior court, family court, traffic
tribunal or district court, administrative clerks of the district court,
administrators of the workers' compensation court, every former justice
or judge and former administrator of these courts and every former
chief clerk of the district court, and every former clerk or general
chief clerk of a superior court, the secretary of the senate, elected
clerks of the general assembly, any former secretary of the senate or
any former elected clerk of the general assembly who retires after July
1, 2007, judges of the United States appointed pursuant to Article III
of the United States Constitution, bankruptcy judges appointed pursuant
to Article I of the United States Constitution, and United States
magistrate judges appointed pursuant to federal law, may join persons in
marriage in any city or town in this state; and every justice and every
former justice of the municipal courts of the cities and towns in this
state and of the police court of the town of Johnston and every probate
judge and every former probate judge may join persons in marriage in any
city or town in this state, and wardens of the town of New Shoreham may
join persons in marriage in New Shoreham.
Title 15: Domestic Relations - Chapter 15-3: Solemnization of Marriage
History of Section.
(G.L. 1896, ch. 191, § 8; C.P.A. 1905, § 1228; G.L. 1909, ch. 243, §
8; P.L. 1922, ch. 2207, § 1; G.L. 1923, ch. 287, § 8; P.L. 1932, ch.
1896, § 1; P.L. 1933, ch. 2042, § 1; G.L. 1938, ch. 415, § 8; P.L.
1949, ch. 2290, § 1; G.L. 1956, § 15-3-5; P.L. 1974, ch. 290, § 1;
P.L. 1978, ch. 326, § 1; P.L. 1979, ch. 327, § 1; P.L. 1980, ch. 382,
§ 1; P.L. 1981, ch. 363, § 2; P.L. 1987, ch. 489, § 1; P.L. 1988, ch.
561, § 1; P.L. 1988, ch. 607, § 1; P.L. 1990, ch. 139, § 1; P.L.
1990, ch. 163, § 1; P.L. 1991, ch. 132, § 5; P.L. 1991, ch. 205, § 4;
P.L. 1994, ch. 103, § 1; P.L. 1994, ch. 199, § 1; P.L. 1994, ch. 249,
§ 1; P.L. 1998, ch. 451, § 1; P.L. 2002, ch. 70, § 1; P.L. 2002, ch.
123, § 1; P.L. 2004, ch. 6, § 42; P.L. 2004, ch. 444, § 1; P.L.
2007, ch. 174, § 1; P.L. 2007, ch. 259, § 1; P.L. 2008, ch. 85, § 1;
P.L. 2008, ch. 89, § 1.)
20-1-20 Persons who may perform marriage ceremony
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.
Title 20: Domestic Relations - Chapter 1: Marriage - Article 1: General Provisions
HISTORY: 1962 Code Section 20-2; 1952 Code Section 20-2;
1942 Code Section 8565; 1932 Code Section 8565; Civ. C. '22 Section
5530; Civ. C. '12 Section 3751; 1911 (27) 131; 2008 Act No. 322, Section
1, eff June 16, 2008.
25-1-30 Persons authorized to solemnize marriages
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.
Title 25: Domestic Regulations - Chapter 1: Validity and Performance of Marriages
Source:
SDC 1939, § 14.0110; SL 1959, ch 50, § 2; SL
1976, ch 30, § 2; SL 2003, ch 143, § 1.
36-3-301 Persons who may solemnize marriages
(a) (1) All regular ministers, preachers, pastors, priests,
rabbis and other spiritual leaders of every religious belief, more than
eighteen (18) years of age, having the care of souls, and all members of
the county legislative bodies, county mayors, judges, chancellors,
former chancellors and former judges of this state, former county
executives or county mayors of this state, former members of quarterly
county courts or county commissions, the governor, the speaker of the
senate and former speakers of the senate, the speaker of the house of
representatives and former speakers of the house of representatives, the
county clerk of each county and the mayor of any municipality in the
state may solemnize the rite of matrimony. For the purposes of this
section, the several judges of the United States courts, including
United States magistrates and United States bankruptcy judges, who are
citizens of Tennessee are deemed to be judges of this state. The
amendments to this section by Acts 1987, ch. 336, which applied
provisions of this section to certain former judges, do not apply to any
judge who has been convicted of a felony or who has been removed from
office.
(2) In order to solemnize the rite of matrimony, any such
minister, preacher, pastor, priest, rabbi or other spiritual leader must
be ordained or otherwise designated in conformity with the customs of a
church, temple or other religious group or organization; and such
customs must provide for such ordination or designation by a considered,
deliberate, and responsible act.
(3) If any marriage has been entered into by license issued
pursuant to this chapter at which any minister officiated before June 1,
1999, such marriage shall not be invalid because the requirements of
the preceding subdivision (2) have not been met.
(b) The traditional marriage rite of the Religious Society of Friends
(Quakers), whereby the parties simply pledge their vows one to another
in the presence of the congregation, constitutes an equally effective
solemnization.
(c) Any gratuity received by a county mayor, county clerk or municipal
mayor for the solemnization of a marriage, whether performed during or
after such person's regular working hours, shall be retained by such
person as personal renumeration for such services, in addition to any
other sources of compensation such person might receive, and such
gratuity shall not be paid into the county general fund or the treasury
of such municipality.
(d) If any marriage has been entered into by license regularly issued
at which a county executive officiated prior to April 24, 1981, such
marriage shall be valid and is hereby declared to be in full compliance
with the laws of this state.
(e) For the purposes of this section, "retired judges of this state" is
construed to include persons who served as judges of any municipal or
county court in any county that has adopted a metropolitan form of
government and persons who served as county judges (judges of the
quarterly county court) prior to the 1978 constitutional amendments.
(f) If any marriage has been entered into by license regularly issued
at which a retired judge of this state officiated prior to April 13,
1984, such marriage shall be valid and is hereby declared to be in full
compliance with the laws of this state.
(g) If any marriage has been entered into by license issued pursuant to
this chapter at which a judicial commissioner officiated prior to March
28, 1991, such marriage is valid and is declared to be in full
compliance with the laws of this state.
(h) The judge of the general sessions court of any county, and any
former judge of any general sessions court, may solemnize the rite of
matrimony in any county of this state. Any marriage performed by any
judge of the general sessions court in any county of this state before
March 16, 1994, shall be valid and declared to be in full compliance
with the laws of this state.
(i) All elected officials and former officials, who are authorized to
solemnize the rite of matrimony pursuant to the provisions of subsection
(a), may solemnize the rite of matrimony in any county of this state.
(j) If any marriage has been entered into by license issued pursuant to
this chapter at which a county mayor officiated outside such mayor's
county prior to May 29, 1997, such marriage is valid and is declared to
be in full compliance with the laws of this state.
Title 36: Domestic Relations - Chapter 3: Marriage - Part 3: Ceremony
[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.]
2.202 PERSONS AUTHORIZED TO CONDUCT CEREMONY
(a) The following persons are authorized to conduct a marriage ceremony:
(1) a licensed or ordained Christian minister or priest;
(2) a Jewish rabbi;
(3) a person who is an officer of a religious organization and who is
authorized by the organization to conduct a marriage ceremony; and
(4) a justice of the supreme court, judge of the court of criminal
appeals, justice of the courts of appeals, judge of the district,
county, and probate courts, judge of the county courts at law, judge of
the courts of domestic relations, judge of the juvenile courts, retired
justice or judge of those courts, justice of the peace, retired justice
of the peace, judge of a municipal court, or judge or magistrate of a
federal court of this state.
(b) For the purposes of this section, a retired judge or justice is a
former judge or justice who is vested in the Judicial Retirement System
of Texas Plan One or the Judicial Retirement System of Texas Plan Two or
who has an aggregate of at least 12 years of service as judge or
justice of any type listed in Subsection (a)(4).
(c) Except as provided by Subsection (d), a person commits an offense
if the person knowingly conducts a marriage ceremony without
authorization under this section. An offense under this subsection is a
Class A misdemeanor.
(d) A person commits an offense if the person knowingly conducts a
marriage ceremony of a minor whose marriage is prohibited by law or of a
person who by marrying commits an offense under Section 25.01, Penal
Code. An offense under this subsection is a felony of the third degree.
FAMILY CODE - TITLE 1. THE MARRIAGE RELATIONSHIP - SUBTITLE A.
MARRIAGE - CHAPTER 2. THE MARRIAGE RELATIONSHIP - SUBCHAPTER C. CEREMONY
AND RETURN OF LICENSE
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268, Sec. 4.10, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 134, Sec. 1, eff. September 1, 2009.
16-32 Persons solemnizing marriage
No marriage shall be valid unless solemnized by--
(1) a clergyman or minister of any religion whether he resides in the Virgin Islands or elsewhere in the United States; or
(2) witnessed by a Local Spiritual Assembly of the Bahai is according to the usage of their religious community; or
(3) any judge or any court of record.
Title 16: Domestic Relations - Chapter 1: Marriage - Subchapter II: Solemnization, Proof and Effect of Marriages
30-1-6 Who may solemnize marriages -- Certificate
(1) Marriages may be solemnized by the following persons only:
(a) ministers, rabbis, or priests of any religious denomination who are:
(i) in regular communion with any religious society; and
(ii) 18 years of age or older;
(b) Native American spiritual advisors;
(c) the governor;
(d) the lieutenant governor;
(e) mayors of municipalities or county executives;
(f) a justice, judge, or commissioner of a court of record;
(g) a judge of a court not of record of the state;
(h) judges or magistrates of the United States;
(i) the county clerk of any county in the state, if the clerk chooses to solemnize marriages;
(j) the president of the Senate;
(k) the speaker of the House of Representatives; or
(l) a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.
(2) A person authorized under Subsection (1) who solemnizes a marriage
shall give to the couple married a certificate of marriage that shows
the:
(a) name of the county from which the license is issued; and
(b) date of the license's issuance.
(3) As used in this section:
(a) "Judge or magistrate of the United States" means:
(i) a justice of the United States Supreme Court;
(ii) a judge of a court of appeals;
(iii) a judge of a district court;
(iv) a judge of any court created by an act of Congress the judges of which are entitled to hold office during good behavior;
(v) a judge of a bankruptcy court;
(vi) a judge of a tax court; or
(vii) a United States magistrate.
(b) (i) "Native American spiritual advisor" means a person who:
(A) (I) leads, instructs, or facilitates a Native American religious ceremony or service; or
(II) provides religious counseling; and
(B) is recognized as a spiritual advisor by a federally recognized Native American tribe.
(ii) "Native American spiritual advisor" includes a sweat lodge leader,
medicine person, traditional religious practitioner, or holy man or
woman.
(4) Notwithstanding any other provision in law, no person authorized
under Subsection (1) to solemnize a marriage may delegate or deputize
another person to perform the function of solemnizing a marriage, except
that only employees of the office responsible for the issuance of
marriage licenses may be deputized.
Title 30: Husband and Wife - Chapter 1: Marriage
Amended by Chapter 132, 2010 General Session
5144 Persons Authorized to Solemnize Marriages
(a) Marriages may be solemnized by a supreme court justice, a
superior judge, a judge of probate, an assistant judge, a justice of the
peace, a magistrate, an individual who has registered as an officiant
with the Vermont secretary of state pursuant to section 5144a of this
title, a member of the clergy residing in this state and ordained or
licensed, or otherwise regularly authorized thereunto by the published
laws or discipline of the general conference, convention, or other
authority of his or her faith or denomination, or by such a clergy
person residing in an adjoining state or country, whose parish, church,
temple, mosque, or other religious organization lies wholly or in part
in this state, or by a member of the clergy residing in some other state
of the United States or in the Dominion of Canada, provided he or she
has first secured from the probate division of the superior court in the
unit within which the marriage is to be solemnized a special
authorization, authorizing him or her to certify the marriage if the
probate judge determines that the circumstances make the special
authorization desirable. Marriage among the Friends or Quakers, the
Christadelphian Ecclesia, and the Baha'i Faith may be solemnized in the
manner heretofore used in such societies.
(b) This section does not require a member of the clergy authorized to
solemnize a marriage as set forth in subsection (a) of this section, nor
societies of Friends or Quakers, the Christadelphian Ecclesia, or the
Baha'i Faith to solemnize any marriage, and any refusal to do so shall
not create any civil claim or cause of action.
Title 18: Health - Part 6: Births, Marriages and Deaths - Chapter 105: Marriage Records and Licenses
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.
20-23 Order authorizing ministers to perform ceremony
When a minister of any religious denomination shall produce before
the circuit court of any county or city in this Commonwealth, or before
the judge of such court or before the clerk of such court at any time,
proof of his ordination and of his being in regular communion with the
religious society of which he is a reputed member, or proof that he
holds a local minister's license and is serving as a regularly appointed
pastor in his denomination, such court, or the judge thereof, or the
clerk of such court at any time, may make an order authorizing such
minister to celebrate the rites of matrimony in this Commonwealth. Any
order made under this section may be rescinded at any time by the court
or by the judge thereof.
Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, §§ 5079, 5080; 1962, c. 362; 1980, c. 154; 1981, c. 295.
Marriages between persons belonging to any religious society
which has no ordained minister, may be solemnized by the persons and in
the manner prescribed by and practiced in any such society. One person
chosen by the society shall be responsible for completing the
certification of marriage in the same manner as a minister or other
person authorized to perform marriages; such person chosen by the
society for this purpose shall be required to execute a bond in the
penalty of $500, with surety.
Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 5081; 1968, c. 318; 1981, c. 295.)
26.04.050 Who may solemnize
The following named officers and persons, active or retired, are
hereby authorized to solemnize marriages, to wit: Justices of the
supreme court, judges of the court of appeals, judges of the superior
courts, supreme court commissioners, court of appeals commissioners,
superior court commissioners, any regularly licensed or ordained
minister or any priest of any church or religious denomination, and
judges of courts of limited jurisdiction as defined in RCW 3.02.010.
Title 26: Domestic Relations - Chapter 4: Marriage
[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.]
48-2-401 Persons authorized to perform marriages
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.
Chapter 48: Domestic Relations - Article 2: Marriages - Part 4: Marriage Ceremony
(a) Beginning the first day of September, two thousand one, the
Secretary of State shall, upon payment of the registration fee
established by the Secretary of State pursuant to subsection (d) of this
section, make an order authorizing a person who is a religious
representative to celebrate the rites of marriage in all the counties of
the state, upon proof that the person:
(1) Is eighteen years of age or older;
(2) Is duly authorized to perform marriages by his or her church, synagogue, spiritual assembly or religious organization; and
(3) Is in regular communion with the church, synagogue, spiritual
assembly or religious organization of which he or she is a member.
(b) The Secretary of State shall establish a central registry of persons
authorized to celebrate marriages in this state. Every person
authorized under the provisions of subsection (a) of this section to
celebrate marriages shall be listed in this registry. Every county clerk
shall, prior to the first day of October, two thousand one, transmit to
the Secretary of State the name of every person authorized to celebrate
marriages by order issued in his or her county since one thousand nine
hundred sixty and the Secretary of State shall include these names in
the registry. The completed registry and periodic updates shall be
transmitted to every county clerk.
(c)(1) Upon written request from the registrant, the Secretary of State
shall designate the registrant as inactive on the registry.
(2) Upon written notice from the governing body of the registrant's
authorizing body that the registrant has died or that the registrant's
authority to perform marriages has been revoked, the Secretary of State
shall attempt to notify the registrant of the change in the registrant's
status by United States mail addressed to the registrant's last known
address. If the registrant fails to provide the Secretary of State with
proof of good standing with his or her authorizing body within thirty
days, the registrant shall be designated on the registry as inactive.
(d) A fee not to exceed twenty-five dollars may be charged by the
Secretary of State for each registration or reactivation of an
individual designated as inactive on the registry received on or after
the first day of September, two thousand one, and all money received
shall be deposited in a special revenue revolving fund designated the
Marriage Celebrants Registration Fee Administration Fund in the State
Treasury to be administered by the Secretary of State. Expenses incurred
by the secretary in the implementation and operation of the registry
program shall be paid from the fund.
(e) No marriage performed by a person authorized by law to celebrate
marriages may be invalidated solely because the person was not listed in
the registry provided for in this section.
(f) The Secretary of State shall promulgate rules to implement the provisions of this section.
Chapter 48: Domestic Relations - Article 2: Marriages - Part 4: Marriage Ceremony
765.16 Marriage contract, how made; officiating person.
Marriage may be validly solemnized and contracted in this state
only after a marriage license has been issued therefor, and only by the
mutual declarations of the 2 parties to be joined in marriage that they
take each other as husband and wife, made before an authorized
officiating person and in the presence of at least 2 competent adult
witnesses other than the officiating person. The following are
authorized to be officiating persons:
(1) Any ordained member of the clergy of any religious denomination or
society who continues to be an ordained member of the clergy.
(2) Any licentiate of a denominational body or an appointee of any
bishop serving as the regular member of the clergy of any church of the
denomination to which the member of the clergy belongs, if not
restrained from so doing by the discipline of the church or
denomination.
(3) The 2 parties themselves, by mutual declarations that they take each
other as husband and wife, in accordance with the customs, rules and
regulations of any religious society, denomination or sect to which
either of the parties may belong.
(4) Any judge of a court of record or a reserve judge appointed under s. 753.075.
(5) Any circuit court commissioner appointed under SCR 75.02 (1) or
supplemental court commissioner appointed under s. 757.675 (1).
(6) Any municipal court judge
The Family - Chapter 765: Marriage
History: 1977 c. 323; 1979 c. 32 ss. 48, 92 (4); 1979 c.
176, 259; Stats. 1979 s. 765.16; 1981 c. 20 s. 2200; 1985 a. 29; 1991 a.
315; 1999 a. 85; 2001 a. 61.
20-1-106 Who may solemnize marriage; form of ceremony
(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.
Title 20: Domestic Relations - Chapter 1: Husband and Wife - Article 1: Creation of Marriage
(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.)