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FAQ: Officiating Weddings
Congratulations on becoming ordained! If you plan to
officiate a wedding for a friend or family member, or to make a
business of performing wedding services then we suggest that you find
your particular state on our list and do the legal eze of "dotting
your i's and crossing your t's". Whatever your reason for making the
choice to become ordained we welcome you and encourage you to get
involved in this fun and somewhat lucrative business of wedding
ceremonies. But, before performing your first ceremony make sure you
have followed the guidelines that will allow you to perform ceremonies
in your locale. Typically you simply show the credentials, included
with your Ordination Package, to the local county clerk and return the
completed marriage license in a timely manner.
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In some cases (as required in our home state of
Massachusetts) there may be additional requirements, such as a
Statement of Good Standing or a Letter of Congregational
Authorization. If you encounter the need for additional
documentation let us know, generally we can assist you in providing
these letters.
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recommend that you check with the county clerk where the ceremony will
be held. Just let them know that you are a newly ordained clergy and
ask for details completing and returning the marriage license. |
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Alabama |
Section 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 a 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 a judge of probate within his or her county, or any
retired judge of the Supreme Court, retired judge of the Court of
Criminal Appeals, retired judge of the Court of Civil Appeals, retired
judge of the circuit court, retired judge of the district court within
this state or a retired judge of probate within his or her county.
(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. |
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Alaska
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Sec. 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. Sec. 25.05.271. Duty of officiating person before
ceremony. The officiating person shall determine that the parties
presenting themselves to be married are the parties named in the
license. If the officiating person knows of a legal impediment to the
marriage, the officiating person may not perform the ceremony.
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Arizona
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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. |
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Arkansas
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9-11-213. Persons who
may solemnize marriages. (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 Arkansas 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
of the county where the marriage is solemnized, including any former
justice of the peace who served at least three (3) terms since the
passage of Arkansas Constitution, Amendment 55; (5) Any regularly
ordained minister or priest of any religious sect or denomination;
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California
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The
following is from California's FAQ page:
Where do I register to perform marriages in California?
The laws of the State of California make it unnecessary for persons
performing marriages to file credentials with the clerk of the court
or with anyone else. The county and state are removed from any
responsibility for verification of credentials. The State does not
maintain a central registry of members of the clergy. Any such concern
for verification is totally at the discretion of the parties to the
marriage.
(Church of Faith Ministries still recommends that you check with
the county clerk where the ceremony will be held.)
What authorization do I need to perform a marriage in California?
In California, it is the ordination or investment by the denomination
that gives each clergy member the authority to perform the marriage
rite. Family Code, Sections 400-402 are the statutes pertaining to
whom can solemnize a marriage in California.
The following is from California Family Code
sections:
400. Marriage may be solemnized by any of the following who is of the
age of 18 years or older:
420. A priest, minister, or rabbi of any religious denomination. No
particular form for the ceremony of marriage is required for
solemnization of the marriage, but the parties shall declare, in the
presence of the person solemnizing the marriage and necessary
witnesses, that they take each other as husband and wife.
421. Before solemnizing a marriage, the person solemnizing the
marriage shall require the presentation of the marriage license. If
the person solemnizing the marriage has reason to doubt the
correctness of the statement of facts in the marriage license, the
person must be satisfied as to the correctness of the statement of
facts before solemnizing the marriage. For this purpose, the person
may administer oaths and examine the parties and witnesses in the same
manner as the county clerk does before issuing the license.
422. The person solemnizing a marriage shall make, sign, and endorse
upon or attach to the marriage license a statement, in the form
prescribed by the State Department of Health Services, showing all of
the following:
(a) The fact, date (month, day, year), and place (city and county)
of solemnization.
(b) The names and places of residence of one or more witnesses to
the ceremony.
(c) The official position of the person solemnizing the marriage, or
of the denomination of which that person is a priest, minister, rabbi,
or member of the clergy.
(d) The person solemnizing the marriage shall also type or print the
person's name and address.
423. The person solemnizing the marriage shall return the marriage
license, endorsed as required in Section 422, to the county recorder
of the county in which the license was issued within 10 days after the
ceremony.
424. At the request of, and for, either party to a marriage, the
person solemnizing the marriage shall issue a marriage certificate
showing the facts specified in Section 422. |
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Colorado
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14-2-109. Solemnization
and registration. Statute text (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. |
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Connecticut
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Sec. 46b-22. (Formerly
Sec. 46-3). Who may join persons in marriage. Penalty for unauthorized
performance. (a) All judges and retired judges, either elected or
appointed and including federal judges and judges of other states who
may legally join persons in marriage in their jurisdictions, family
support magistrates, state referees and justices of the peace may join
persons in marriage in any town in the state and all ordained or
licensed clergymen, belonging to this state or any other state, so
long as they continue in the work of the ministry may join persons in
marriage. 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. |
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Delaware
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§ 106. Solemnization of
marriages; production of license; penalty; registration of persons
authorized to solemnize marriages. (a) A clergyperson or minister of
any recognized religion, current and former members of this State's
Supreme Court, Superior Court, Family Court, Court of Chancery, Court
of Common Pleas, and Justice of the Peace Court, and the several
clerks of the peace of various counties may solemnize marriages
between persons who may lawfully enter into the matrimonial relation
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District_of_
Columbia |
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. |
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Florida
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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. |
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Georgia
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The license shall be
directed to 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
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. |
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Hawaii
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§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, a legislator or constitutional officer of
the State, or a member of the United States Congress who represents a
district within the State, while that person holds office, 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." |
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Idaho
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32-303. BY WHOM
SOLEMNIZED. Marriage may be solemnized by either a current or retired
justice of the supreme court, a current or retired court of appeals
judge, a current or retired district judge, any federal judge, the
current or a former governor, lieutenant governor, a current or
retired magistrate of the district court, mayor, 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 judiciary. |
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Illinois
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(750 ILCS 5/209) (from
Ch. 40, par. 209) Sec. 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. |
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Indiana
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IC 31-11-6-1 Persons
authorized to solemnize marriages Sec. 1. 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.
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Iowa
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595.10 Who may
solemnize. Marriages may be solemnized by: 1. A judge of the supreme
court, court of appeals, or district court, including a district
associate judge, associate juvenile judge, or a judicial magistrate,
and including a senior judge as defined in section 602.9202,
subsection 3. 2. A person ordained or designated as a leader of the
person's religious faith. |
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Kansas
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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. |
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Kentucky
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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;
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Louisiana
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See state site for
details. |
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Maine |
§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; and [2001, c. 574, §6
(amd).] B. Whether a resident or nonresident of this State and whether
or not a citizen of the United States: (1) An ordained minister of the
gospel; (2) A cleric engaged in the service of the religious body to
which the cleric belongs; or (3) A person licensed to preach by an
association of ministers, religious seminary or ecclesiastical body.
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Maryland
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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; |
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Massachusetts
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Chapter 207: Section 38
Situs; persons authorized Section 38. A marriage may be solemnized in
any place within the commonwealth by the following persons who are
residents of the commonwealth: a duly ordained minister of the gospel
in good and regular standing with his church or denomination,
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Michigan
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CHAPTER 83 - Chapter
83. Of marriage and the solemnization thereof. (EXCERPT)
551.7 Persons authorized to solemnize marriage; records; returns;
disposition of fees charged by mayor or county clerk.
Sec. 7.
(1) Marriages may be solemnized by any of the following:
(h) A minister of the gospel, anywhere in the state, if the minister
is ordained or authorized to solemnize marriages according to the
usages of the denomination, and is a pastor of a church in this state,
or continues to preach the gospel in this state.
(i) A minister of the gospel, anywhere in the state, if the minister
is not a resident of this state but is authorized to solemnize
marriages under the laws of the state in which the minister resides.
See Also:
Charter May Be Required:
It appears that a charter must be filed with the state
before an ordination will be recognized, for the purposes of
officiating weddings.
"An ordained minister of the gospel recognized by a church that has
filed a charter with the State of Michigan, Corporation and Land
Development Bureau or an elected government official may perform
marriages. To determine if a church has filed a charter (517)
241-6470.
Contact the Department of Community Health, Vital Statistics at (517)
335-8677 for marriage statistics.
When forming a religious organization, there is a tax guide available
from the IRS, publication "tax Guide For Churches and Other Religious
Organizations; Publication 1828 Catalog Number 21096G; address: IRS,
Freedom of Information Reading Room, P.O. Box 795, Ben Franklin
Station, Washington, D.C. 20044; telephone: (800) 829-3676.
Many churches are required to have a "Church Copyright License."
For further information about this license call (800) 234-2446.
Marriage licenses are obtained at the county clerk's office. This may
not be required if you are only intending to officiate weddings. A
license can be obtained from The CCLI.
Act 327 of 1931: Ecclesiastical corporations
450.178 Ecclesiastical corporations; incorporation; purpose.
Sec. 178.
Ecclesiastical corporations. Any number of persons, not less than 3,
may incorporate for the purpose of establishing any church
organization for the purpose of teaching and spreading their religious
beliefs and principles. Every such corporation shall be a non-profit
corporation and subject to the provisions of this act relating to
non-profit corporations generally except as specifically otherwise
provided. The term “church” and/or “church organization” used in this
act shall be construed to include any church, denominational unit, or
church society as the term is commonly used and understood but shall
not apply to such organizations as Sunday schools, Epworth Leagues,
Young People's Unions, Bible classes and similar societies organized
by and affiliated with the parent churches. Whenever any number of
churches or other corporations organized for religious purposes desire
to unite in a central organization for the accomplishment of any
common purpose they may incorporate such organization by severally
adopting, at meetings specially called for the purpose, resolutions
expressing their desire to become members of such corporation; and by
filing duly attested copies of such resolutions together with a copy
of the articles of such corporation, as provided for the filing of
articles in section 5 of this act. The corporations formed under this
section are hereinafter called ecclesiastical corporations.
Article of
Incorporation Form with Instructions
(Note: Adobe Acrobat will be required.)
The form is fairly basic, requiring an address for the church (can be
your address), details about how often meetings will be held ("once
per week, or as necessary"), details on your chuch structure (you
could say "under the rules of Church of Faith" or mention the basis of
your beliefs), and will require three notarized signatures.
The filing fee, to the state, is currently only $20.00.
See also
http://www.crcna.org/whatweoffer/resources/synodical/downloads/articlesofincorporation_mi.doc
for an example of completed articles. |
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Minnesota
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517.04 Solemnization
Marriages may be solemnized throughout the state by 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.
517.05 Credentials of minister
Ministers of any religious denomination, before they are authorized to
solemnize a marriage, shall file a copy of their credentials of
license or ordination with the court administrator of the district
court of a county in this state, who shall record the same and give a
certificate thereof. The place where the credentials are recorded
shall be endorsed upon and recorded with each certificate of marriage
granted by a minister.
Copyright 2004 by the Office of Revisor
of Statutes, State of Minnesota.
Counties will require that credentials be registered. The Anoka
County site describes the process and provides an order form for
registration. Other counties will have similar requirements.
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Mississippi
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§ 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; |
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Missouri
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451.100. Marriages may
be solemnized by any clergyman, either active or retired, who is in
good standing with any church or synagogue in this state. Marriages
may also be solemnized, without compensation, by any judge, including
a municipal judge. Marriages may also be solemnized by a religious
society, religious institution, or religious organization of this
state, according to the regulations and customs of the society,
institution or organization, when either party to the marriage to be
solemnized is a member of such society, institution or organization.
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Montana
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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. |
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Nebraska
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42-108 Marriage
ceremony; who may perform; return; contents. Every judge, retired
judge, or 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.
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Nevada
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NRS 122.062 Licensed or
ordained ministers and chaplains of Armed Forces to obtain
certificates from county clerk; temporary replacements; solemnization
by minister licensed or ordained in another state. 1. Any licensed or
ordained minister in good standing within his denomination, whose
denomination, governing body and church, or any of them, are
incorporated or 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 first
obtains a certificate of permission to perform marriages as provided
in this section and NRS 122.064 to 122.073, inclusive. The fact that a
minister is retired does not disqualify him from obtaining a
certificate of permission to perform marriages if, before his
retirement, he had active charge of a congregation within this state
for a period of at least 3 years. 2. A temporary replacement for a
licensed or ordained minister certified pursuant to this section and
NRS 122.064 to 122.073, inclusive, may solemnize marriages pursuant to
subsection 1 during such time as he may be authorized to do so by the
county clerk in the county in which he is a temporary replacement, for
a period not to exceed 90 days. The minister whom he temporarily
replaces shall provide him with a written authorization which states
the period during which it is effective.
Clark County, Las Vegas, Nevada
Temporary Certificate of Permission (Out-of-State Ministers only)
Adobe Acrobat will be required.
For out-of-state ministers. NRS 122 provides that a licensed or
ordained minister in good standing with his denomination or church
whose congregation is in another state may perform marriages in the
county if authorized to do so by the county clerk. A separate
authorization is required for each marriage performed. Such a minister
may perform not more than five marriages in this state in any calendar
year. In some instances a temporary certificate may be obtained for a
local minister filling in for another minister during an absence.
For full details on Clark County requlatons see their page. |
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New
Hampshire |
457:31 Who May
Solemnize. – Marriage may be solemnized by a justice of the peace as
commissioned in the state; 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 clergyman who is not ordained but is engaged
in the service of the religious body to which he or she belongs,
resides in the state, after being licensed therefor by the secretary
of state; within his or her parish, by any minister residing out of
the state, but having a pastoral charge wholly or partly in this
state; |
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New
Jersey |
37:1-13 Authorization
to solemnize marriages 37:1-13. 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 marriage between such persons as may lawfully enter into the
matrimonial relation; and every religious society, institution or
organization in this State may join together in marriage such persons
according to the rules and customs of the society, institution or
organization. |
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New
Mexico |
40-1-2. Clergymen or
civil magistrates may solemnize; 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. |
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New
York |
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.
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.
Definition:
"The term "clergyman" and the term "minister" include a duly
authorized pastor, rector, priest, rabbi, and a person having
authority from, or in accordance with, the rules and regulations of
the governing ecclesiastical body of the denomination or order, if
any, to which the church belongs, or otherwise from the church or
synagogue to preside over and direct the spiritual affairs of the
church or synagogue."
Excerpted from Article 3, Section 11, of
the Domestic Relations code
We include two letters with ordination packages
shipped to New York that meet the City requirements. For more
information see the following:
Who can perform a marriage ceremony?
To be valid, a marriage ceremony must be performed by any of the
individuals specified in Section 11 of the New York State Domestic
Relations Law.
Which Includes:
Marriage Officiant Registration Information
Officiant Registration:
Registration is conducted on Monday thru Friday from 8:30 a.m. to 3:45
p.m.
Section 11-b of the Domestic Relations Law requires that all persons
authorized by law to perform marriages register with the City Clerk's
office before performing wedding ceremonies within New York City.
Therefore, if you intend to perform a marriage ceremony within New
York City you must register. If your activities are outside of New
York City the registration requirement does not apply to you. There is
a $15 charge, payable in money order only, for registration.
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North
Carolina |
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. |
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North
Dakota |
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. |
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Ohio
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§ 3101.08. Who may
solemnize. 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. |
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Oklahoma
|
§43-7. Solemnization of
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. |
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Oregon
|
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. |
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Pennsylvania
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§ 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
district justice of this Commonwealth. 2. A former or retired justice,
judge or district justice of this Commonwealth who is serving as a
senior judge or senior district justice as provided or prescribed by
law. 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. 4. An active 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. 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. [Source webmaster note: Marriage is a civil contract and
does not require a particular form of ceremony for solemnization by a
government or religious official. See Commonwealth ex. rel. McDermott
v. McDermott, 236 Pa. Superior Ct. 541, 345 A.2d 914 (1975). However,
marriage does require words uttered to establish at that precise time
the relationship of husband and wife. Commonwealth v. Jones, 224 Pa.
Superior Ct. 352, 307 A.2d 397 (1973).] |
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Rhode
Island |
§ 15-3-5 Officials
empowered to join persons in marriage. – Every ordained clergy or
elder in good standing... |
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South
Carolina |
SECTION 20-1-20. Persons
who may perform marriage ceremony. Only ministers of the Gospel or
accepted Jewish rabbis and officers authorized to administer oaths in
this State are authorized to administer a marriage ceremony in this
State. |
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South
Dakota |
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. |
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Tennessee
|
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... |
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Texas
|
§ 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; |
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Utah
|
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; |
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Virginia
|
§ 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. (Code 1919, §§ 5079, 5080; 1962, c. 362; 1980, c. 154;
1981, c. 295.) |
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West
Virginia |
§48-2-402.
Qualifications of religious representative for celebrating marriages;
registry of persons authorized to perform marriage ceremonies; special
revenue fund. (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 person shall give bond in the penalty of one thousand five hundred
dollars, with surety approved by the commission. Any religious
representative who gives proof before the county commission of his or
her ordination or authorization by his or her respective church,
synagogue, spiritual assembly or religious organization is exempt from
giving the bond. (c) 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. (d) A fee
not to exceed twenty-five dollars may be charged by the secretary of
state for each registration 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. |
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Wyoming
|
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. |
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Washington
|
RCW 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, 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. |
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Vermont
|
State codes are unclear
as to who is authorized to solemnize. Actually, they seem to be silent
on the point! Visit the state site, and check with the county clerk,
(where the ceremony will be held), for further details. |
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Wisconsin
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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:
765.16(1)
(1) Any ordained member of the clergy of any religious denomination or
society who continues to be an ordained member of the clergy.
765.16(2)
(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.
765.16(3)
(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.
765.17
Nonresident officiating person; sponsorship. Any member of the
clergy, licentiate or appointee named in s. 765.16 who is not a
resident of this state may solemnize marriages in this state if he or
she possesses at the time of the marriage a letter of sponsorship from
a member of the clergy of the same religious denomination or society
who has a church in this state under his or her ministry.
765.19
Delivery and filing of marriage document. The marriage
document, legibly and completely filled out with unfading black ink,
shall be returned by the officiating person, or, in the case of a
marriage ceremony performed without an officiating person, then by the
parties to the marriage contract, or either of them, to the register
of deeds of the county in which the marriage was performed within 3
days after the date of the marriage. |
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Guam
|
§3204. Who May
Solemnize. Marriage may be solemnized by:
(c) All ordained clergymen and priests of whatsoever religious faith
who are recognized as such by the religious body whose faith they
represent. |
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Bahamas
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Contact the
following for details and requirements:
Sabrina Huyler-Ramsey, Sr. Chief Executive
Weddings & Honeymoons
The Bahamas Ministry of Tourism Office
1200 South Pine Island Road, Suite 750
Plantation, FL 33324
954-236-9292 or 800-327-7678
Email: Romance@bahamas.com
See also the following for an overview of the celebrants and licensing
requirements: US Marriage Laws Site |
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Puerto
Rico |
Puerto Rico is a US
territory. As such there should be no problem registering as an
officiant. For more information see the following from the Puerto Rico
Federal Affairs Administration website:
How can I get married in Puerto Rico?
Judges, as well as priests and ministers, are authorized by law to
perform wedding ceremonies both in and out of court. Certain
prerequisites must be met before such a ceremony is performed. The
General Court of Justice offers information about these administrative
and legal requirements.
To obtain this information you may contact the office of a judge
directly. For a directory of judges organized by municipality click
here* and scroll to the bottom of the page. Select from amongst the
municipalities listed (i.e. Aguadilla, Aibonito, Arecibo…) to see the
judges in that region.
For general information about wedding ceremonies and requirements call
(787) 641-6600, visit http://www.tribunalpr.org/miscel/dirindex.htm or
send your question via email to: buzon@tribunales.gobierno.pr |
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United
Kingdom |
A marriage can take
place in England and Wales at a register office, at a building
approved for civil marriage, in an Anglican church or in any other
religious building that is registered for the solemnisation of
marriage. You will need to confirm that the location is properly
registered, and that the registration is current.
While our ordinations are legal in the U.K., please review the
following from the U.K. General Registrar's Office web-site:
All those conducting marriage ceremonies have to be duly
appointed in law to an appropriate post. There are legal
responsibilities which come with the duty of conducting a ceremony,
and possible legal liabilities should proceedings not be carried out
in line with marriage law. It would not be appropriate for someone who
had not been fully trained in the necessary requirements to conduct a
marriage ceremony, and therefore an appointment for a single marriage
is unlikely.
If you wish to marry by religious ceremony other than in the Church of
England or Church in Wales, you should first arrange to see the person
in charge of marriages at the building. However, the church or
religious building in question must normally be in the registration
district in which you or the other party live. It will also be
necessary for both of you to give formal notice of your marriage to
the superintendent registrar of the district(s) where you live. A
registrar may also need to be booked from the register office in the
district where the marriage is to take place in order to register the
marriage.
Please note that for a religious marriage, other than in the Church of
England, civil preliminaries must be completed.
There are two potential work-around's:
- One, the bride and groom can have a quite
civil ceremony at the registar's office, then you can conduct
a religious ceremony - without regard to the civil requirements
(regarding your status and the building requirements).
- Or, you can hold the ceremony in a registered
building, with an official registar present.
Finally, review this leaflet from the Registrar's web-site, it
provides details on the possibility of becoming a registrar for a
registered location.
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Copyright © 2008, 2009 Rev. Carl Welliver - Web Minister.
All Rights Reserved.
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