WHO CAN PERFORM MARRIAGE CEREMONIES

What Legal Requirements Apply to the Performance of Marriage Ceremonies?

Ministers often are called upon to perform marriages for members of their congregation, relatives, and friends. The law regards marriage as a fundamental institution, and as a result imposes several conditions on the performance of the marriage ceremony. It is important for new ministers to be familiar with these conditions.
This lesson will review some of the basic conditions that apply in most states. It also will address the important question of performing marriages in other states.

Lesson

Ministers are legally authorized to perform marriage ceremonies in every state.
There are, however, a number of legal issues with which ministers should be familiar.
These issues are summarized in this lesson.

Am I a "minister" who is authorized to solemnize marriages?

State laws vary widely in defining those ministers who are authorized to perform marriages.

Some states require that the minister be ordained;

others require that the minister be either licensed or ordained;

and others omit any specific reference to either licensure or ordination.
Be sure to check your state law to be sure you meet the definition of a minister for purposes of performing marriage ceremonies.
Your county recorder's office often can help.

Some states require ministers to register with a government agency before they are authorized to perform marriage ceremonies.

Prior to performing marriage ceremonies, ministers should know whether or not such a requirement exists.

Can I perform a marriage in another state?

A family in your church wants you to perform the marriage ceremony for their child who is going to be married in another state. Are you authorized to do so?
With the increasing mobility of American families, this is a question that frequently arises.

The answer to this question will depend upon the law of the state in which the marriage will be performed.

In many states, any minister is eligible to perform a marriage regardless of his or her state of residence.

Other states have enacted laws authorizing nonresident ministers to perform a marriage within the state if they are legally authorized to do so in their state of residence.

Some states impose limitations on the authority of nonresident ministers to perform marriages.
Before agreeing to perform a marriage in another state, be sure to check with civil authorities in that state to be sure you are authorized to perform the marriage.

What are the legal requirements for a valid marriage?

Every state has enacted legislation prescribing various requirements that must be satisfied in order for a lawful marriage to occur.
While there is much variation among the states, some requirements are common.
These include the following:

legal capacity

Each state prescribes those persons who are not permitted to marry, or who may marry only if certain conditions are satisfied. For example, persons who are related too closely are prohibited from marrying in all states, although the prohibited degree of relationship varies widely. Also, persons below a specified age are prohibited from marrying without the consent of one or both parents, or a court. Many states prohibit marriages between persons of the same gender; persons with a mental disability; and imprisoned felons. Persons with a living spouse are also barred from marrying. It is important for ministers to become familiar with their state's description of those persons who are authorized, and not authorized, to marry.

license

Most states forbid a minister from performing a marriage unless the couple has obtained a marriage license. In many states, such licenses are obtained from the county recorder's office. Licenses are obtained by completing and submitting an application to the appropriate government office, along with the applicable fee. License applications generally ask for biographical and residential information. Licenses usually are valid for only a specified period of time, and only in the county in which they were issued. Some states require a blood test as a condition to receiving a marriage license. Many states impose a "waiting period" of a few days after an application for a license has been submitted until the license may be issued. Ministers may be criminally liable for marrying couples with expired licenses. Well in advance of a marriage, the minister should request a copy of the marriage license, and ensure that it does not expire prior to the wedding date.

Ministers should be familiar with the license requirements under local law, and share this information with engaged couples. Many counties publish pamphlets for engaged couples that summarize the license requirements. It would be a good practice for ministers to have a supply of these publications on hand.

the ceremony

State laws provide little guidance with regard to the content of the marriage ceremony itself. Most statutes simply state that ministers may perform marriages in accordance with their religious tradition and tenets.

the marriage certificate

Most states require ministers to complete a marriage certificate after the solemnization of a marriage, and return it to the same government office that issues marriage licenses.
A second certificate often is obtained, and is given to the married couple.

State law generally prescribes the deadline for filing marriage certificates, and the penalty for not doing so.

Misspelling a name, inserting the wrong date, or having less than the required number of witness signatures on the marriage certificate will not affect the validity of the marriage.

It is generally held that a marriage will be considered valid even though the minister fails to complete and return a marriage certificate.

And, a marriage will be valid even though the minister performing the ceremony was not authorized to do so, at least if the parties did not know that the minister lacked authority.

criminal penalties

Many states also impose criminal penalties upon ministers for the following acts:

(1) failure to maintain a record of marriage ceremonies performed;

(2) failure to return promptly to the proper authorities a properly completed certificate of marriage and the license to marry;

(3) marrying persons without a marriage license, or with an expired license;

(4) marrying persons not legally capable of marrying (because of age, relationship, or some other disability specified by state law).

Premarriage Legal Checklist

Here is a checklist of items to consider before performing a marriage:

Am I legally qualified to perform a marriage according to the law of my state?

Review your state’s law in Appendix 1 at the end of this text.
If in doubt, contact your local recorder’s office or the office of the attorney general for an interpretation.

Am I legally qualified to perform a marriage according to the law of another state?
Ministers occasionally are asked to perform a marriage in another state.
Review the other state’s law in Appendix 1 at the end of this text.

If in doubt, contact the recorder’s office in the county where the marriage will occur, or the office of the attorney general in the other state.

Is the engaged couple legally capable of marrying?

You will need to check your state law for the legal qualifications for marriage.
Every state lists certain conditions that will limit a person’s legal right to marry, or even prohibit it.

Common examples include persons who are below a specified age, or persons who are too closely related.

During premarital counseling be sure to verify that the couple meets all of the eligibility requirements specified by your state’s law.

Be sure you explain to the couple the marriage license requirements prescribed by state law.
Again, you need to be familiar with these.
They can be obtained from your county recorder’s office or the office of your state attorney general.

Be sure that the couple has a valid marriage license with an expiration date later than the date of the marriage.
Check the license several days or weeks prior to the wedding.

Be sure that the marriage license is valid for the county in which the marriage will occur.

Generally, a marriage license is valid only if the marriage occurs in the county in which the license was issued.

Be sure you make a record of each marriage that you perform, in the manner prescribed by your state law.

Be sure to complete a certificate of marriage (if required by state law), and return it to the appropriate government office.

You may want to suggest that the couple be tested for any sexually transmitted diseases.

Much Vital Information can be found at the following link: NEWMINISTER.COM

This information is designed to provide accurate and authoritative information in regard to the subject matter covered. It is offered with the understanding that the information is not given to engage in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.