Marriage Law By State
Select a State
Marriage Law By State
Alabama
All actively-serving and fully-licensed Christian clergymen are free to conduct marriages. Additionally, preachers of all orthodoxies may perform marriages in accordance with the laws of their religious communities. Ministers are obligated to present a marriage certificate to the judge of probate no later than one calendar month after the date of each wedding.
All inquiries should be directed to the clerk for the judge of probate.
Alaska
Any rabbi, minister or priest may conduct marriages. He or she is required to present a marriage certificate to the bride and groom, and to notify the Marriage Commissioner of the nuptials.
Arizona
Every ordained or licensed minister has the authority to conduct marriages. The marriages must be recorded on the marriage license by ministers. These should then be returned to the Superior Court clerk within 20 days of the wedding.
All inquiries should be directed to the Superior Court.
Arkansas
Marriages may be carried out by any ordained priest or minister,regardless of religious persuasion. The minister must first file his ordination documents with the county clerk. Upon filing,the minister is issued with a certificate. The minister then has 60 days within which to perform the wedding and return a completed marriage license to the county clerk.
All inquiries should be directed to the county clerk.
California
All men of the cloth over the age of 18 - and of any religion - are permitted to conduct weddings. They are required to submit a fully-completed marriage license to the county clerk within four days of the wedding.
All inquiries should be directed to the county clerk.
Colorado
Any minister may conduct marriages. He or she is simply required to submit marriage certificates to the county clerk. All inquiries should be directed to the county clerk.
Connecticut
As long as he or she is active in the ministry, an ordained/licensed minister - from any state - may perform marriages. The officiating pastor is required to complete a marriage license. The license should be submitted to the clerk of the town or city in which the marriage took place.
All inquiries should be directed to the city or town clerk.
Delaware
All ordained ministers are permitted to conduct weddings, as are ministers who are heads of legitimate churches. They do not need to be licensed to perform weddings, but it is necessary for them to register their names and addresses with the local registrar of their home district. Marriage licenses, or copies of the licenses, must remain with ministers for at least 12 months. Additionally, the state board of health requires that ministers submit completed forms within four days of the ceremony.
All inquiries should be directed to the clerk of the peace.
District of Columbia
Any ordained minister who has been invested with ministerial functions may officiate at weddings. The marriage license is addressed to the officiating minister, and he or she must give a properly-completed marriage certificate to the bride and to the groom. Additionally, the District of Columbia Court of General Sessions Clerk must receive a certificate no later than 10 days after the wedding.
Certain stipulations are attached to the law of this state. The minister who is to perform the wedding must show proper authorization. This authorization can take one of two forms.
One authorized minister can endorse the application of another minister, who then pays a $35 fee to become authorized. The application may be obtained by fax on 202-879-4840.
If an authorized minister is not available to endorse an application, one of the following documents is acceptable as evidence of religious affiliation:
• A notarized certificate from the church’s head office, declaring that the applicant is a minister of the church.
• A notarized/certified copy of the minister’s ordination, as well as a copy of the church’s charter.
• A recommendation from an upstanding citizen of the District of Colombia. The citizen should vouch for the applicant’s high moral character, and the endorsement should confirm that the applicant is indeed a minister of the church.
• A sworn and notarized statement from the applicant. This should outline his religious career: Number of years as a minister, the place of worship, the size of his congregation, how frequently he performs religious services and whether he is a full- or part-time minister.
Further information may be obtained by telephoning 202-879-4850.
Florida
Marriages may be performed by any ordained gospel preacher who keeps fellowship with a church. He or she needs only complete the certificate of marriage on each marriage license. This should then be returned to the office where it was issued.
All inquiries should be directed to the county clerk.
Georgia
All church-authorized clergymen are permitted to conduct marriages. They are obligated to submit completed certificates of marriage to the ordinary. This must be done within 30 days of the date of each marriage.
All inquiries should be directed to the ordinary’s clerk at the county courthouse.
Hawaii
Ministers need only the authorization of their respective churches in order to conduct marriage ceremonies. They must, however, be in possession of valid licenses from the department of health. All nuptials must be reported to this same department. Furthermore, the clergymen are required to maintain their own records of unions that they perform.
All inquiries should be directed to the department of health.
Idaho
Priests and ministers from all religious orders are allowed to conduct marriages. The bride and the groom must each be presented with a marriage certificate by the officiating priest or minister. The clergyman is responsible for submitting a duly-completed marriage license and a marriage certificate to the county recorder within 30 days of the wedding.
All inquiries should be directed to the county recorder.
Illinois
Any practicing minister may administer wedding vows in his/her church or community. The minister must complete a marriage license and marriage certificate within 30 days of each marriage, and submit it to the county clerk.
All inquiries should be directed to the county clerk.
Indiana
All ministers and church priests are authorized to conduct marriages. They are obligated to submit marriage licenses and certificates to the circuit court clerk within three months of the nuptials.
All inquiries should be directed to the circuit court clerk.
Iowa
Marriages may be performed by church-ordained ministers of any faith. They are required to issue marriage certificates to brides, as well as to grooms. Ministers are legally required to report all marriages to the district court clerk. This must be done no later than 15 days after the wedding.
All inquiries should be directed to the district court clerk.
Kansas
Ordained ministers of all religions are permitted to officiate at weddings. Before a minister can legally do so, however, a copy of the ordination certificate must be filed with a probate court judge. Once a ceremony has been performed, a minister has 10 days within which to submit the marriage license and certificate to the issuing probate judge.
All inquiries should be directed to the probate court clerk.
Kentucky
Any minister overseeing a marriage must be fully licensed before the wedding for it to be valid. Priests or reverends of any religious denomination are allowed to perform marriages. Talk to the clerk in your county to get a marriage license or to answer any other questions you may have about marriages. All marriage licenses must be given to the county clerk before three months have passed. Solicited marriages are illegal.
Louisiana
Priests and reverends of any religion are allowed to perform marriage. New Orleans based priests have to register at the district court or health department to be allowed to perform marriages. All marriage certificates must be returned to the clerk of the court by the minister. Country clerks can answer any questions you may have about marriages and marriage licenses.
Maine
Maine marriages are managed by several different titles. Title 19A § 657 states that marriages are not void as long as they are held by a justice of the peace, judge, religious man or notary public. No other laws or jurisdictions can affect its validity as long as it is lawfully consummated by both bride and groom.
Title 19A § 655 states that anybody licensed to conduct marriages is allowed to conduct marriages. It doesn't matter if they are a resident of the state, which religion they believe in or whether or not they are an American citizen.
According to Title 19A § 654, all people that conduct marriages must make and keep a record of the marriages they oversee and must make sure they conform with the rules and instructions described by the State Registrar of Vital Statistics.
Under Title 19A § 659, anybody who conducts a marriage without proper legal authority and authorization has committed a civil offense. They are to pay no more than $100 for each offense for which they are found guilty. Fines are collected in the municipality where it occurred.
Any confusion about marriages that occur in Maine, including the marriage process and laws, is processed by the Department of Human Services. The branch of Human Services which takes care of this confusion is the Bureau of Vital Statistics.
Maryland
Anybody over the age of 18 can be allowed as a clergymen in Maryland. Both the bride and the groom must agree that this person is a clergy before the marriage can be undertaken. No other requirements exist - it is not necessary to hold residency in Maryland or to register in advance of the marriage.
Massachusetts
All ordained minsters that wish to perform marriages must apply for a certificate to hold marriages. All ordination certificates must come with a statement from your church testifying positively about your moral character. You must take your certificate to the clerk or registrar where you received your license and to the clerk where you held the marriage. Marriages not performed in this way are void. Write to The Commonwealth of Massachusetts, Office of the Secretary, Supervisor, Commissions Division, State House, Boston, Massachusetts 02133 to receive an application.
Michigan
All authorized ministers are allowed to hold marriages in Michigan. They must be ordained and authorized by their church and be a pastor in Michigan. All marriage certificates are completed by the minister who performs the marriage. A copy must be given to the couple. Other copies must be taken to the country clerk who gave the license. These clerks can answer any questions you may have about marriage including licenses. All license must be given before 10 days have passed after the marriage.
Minnesota
Any ordained minister is allowed to perform marriages. They must hold communion with some type of religious society to be allowed to marry. All ministers have to complete a copy of their ordination credentials. This copy must be given to the clerk of whatever county in which the minister preaches. Marriage certificates must be filled out by the minister and a copy given to the bride and groom. The minister must also file a certificate with the district court clerk in the country of the marriage. These clerks can answer any questions you may have about marriage and marriage licensing.
Mississippi
All ministers in Mississippi are allowed to hold marriages. They must be in good standing with their church before they are allowed to marry. All ministers must fill out a marriage certificate and then send it to the clerk that issued the marriage license. This must be done before three months have passed. All other questions can be answered by clerk in the state of Mississippi.
Missouri
Clergy that wish to hold marriages must be a citizen of the United States. They must also be in good standing with their church or their synagogue. Any clery who performs marriages must keep detailed records of their marriages. Marriage certificates must be filled out by the couple and the minister and returned to the recorder of deeds. They must do this within 90 days to make the marriage legal. The recorder of deeds can answer any other questions you may have about marriage.
Montana
Marriages can be performed in Montana by priests, reverends or ministers of all denominations. All marriage certificates must be completed by the minister. He must return these certificates to the district court clerk within 30 days. Failure to do so invalidates the marriage. Clergy that perform marriages must also be capable of providing the bride and groom copies of their certificates at any time. Discuss any further questions you may have with the clerk of your district court.
Nebraska
Clergy of all sects are allowed to perform marriages in Nebraska as long as they have been ordained. Any minister performing a marriage must return the license to the county judge and report the marriage before 15 days have passed. Ministers in Nebraska must also be able to give copies of the marriage certificate to the married couple at any time they ask. Talk to the country clerk for answers to any other questions.
Nevada
Ministers that wish to hold marriages must be properly ordained, in good standing with their denomination and have a denomination that is established in Nevada. Their denomination can also simply be organized in Nevada for the minister to be eligible. All marrying ministers must receive a certificate of permissions from the state before they are allowed to marry. He must have a ministry which focuses on service to his congregation. His marriages must be incidental to his religious services. There are many more requirements ministers must meet before being allowed to marry in Nevada. These are outlined in the Nevada Revised Statutes Certificates of Permission.
New Hampshire
All marrying ministers must be ordained by their denomination and must be in good standing with their church. They must also be a resident of New Hampshire. Any minister that is not a resident that wishes to marry in the borders of New Hampshire can get permission. They simply have to apply to perform a marriage with the Secretary of State. All ministers that perform marriages must give a copy to the town clerk for the marriage to be valid. The town clerk can answer any questions you may have about marriages and marriage law.
New Jersey
New Jersey allows every minister of any religion conduct marriage. Some government officials are also allowed to conduct marriage according to New Jersey law. Any religion, sect or denomination that wishes to marry in the borders of New Jersey is allowed to conduct their marriages according to their own rules and customs. Anybody that is not authorized to conduct marriages has committed a misdemeanor.
Marriage licenses are obtained by the licensing officer by the bride and room. They give the license to the minister who helps fill it out with them. Marriage licenses can be handled by clerks in the county that are capable of performing marriages or by the leaders of whatever religion, denomination or sect the bride and groom want to use for their marriage. After the marriage is performed, the license must be given to the clerk of the court.
Marrying clergymen are also allowed to give psychological advice to the bride and groom. They are allowed to give marriage advice and conduct family therapy sessions. They must be acting within the realms of their profession. All consultations given by ministers must be consistent with their training as a clergyman.
All official information regarding New Jersey marriage law can be obtained at the Commissioner of the Department of Human Services office or in the New Jersey State Legislature statues.
New Mexico
While New Mexico allows clergyman from any denomination, religion or sect to perform marriage ceremonies, the clergyman who does so must be ordained by a recognized religious entity. Within 90 days after the marriage has been performed, the minister is required to provide a marriage certificate to the county clerk. The county clerk is available to answer questions.
New York Marriage Law
In the state of New York, those who perform marriage ceremonies must comply with Section 11 of New York State's Domestic Relations Law (DRL). Those who can legally perform wedding ceremonies in New York state include certain government officials and a minister or clergy who has been ordained by a governing church authority and given authority, in keeping with the regulations and rules of that religious body, to perform marriage ceremonies.
Also allowed to perform legal wedding ceremonies are clergy or ministers not under the authority of a particular church body, but who have become spiritual leaders of a group of individuals. Read Section 11 New York State's Domestic Relations Law (DRL) for other allowable wedding officiates. This does not include ship captains, because the state of New York does not authorize them to perform legal wedding ceremonies.
After the marriage has been performed by legally recognized clergy, a minister must fill out the certificate of marriage and, within 5 days of the wedding, turn it into the city or town clerk who originally issued the license. Questions should be addressed to the city or town clerk.
New York City
New York City has, often, very different laws and regulations from the state itself. An individual who performs a marriage ceremony within the New York City limits must be registered with the city, though the official performing the ceremony is not required to be a resident of either the city or the state.
In New York City, the terms “minister” and “clergyman” include authorized rabbis, priests, pastors or rectors. The term also includes other individuals whose governing religious bodies have given the authorization, according to the regulations and rules of their particular order or denomination, to perform marriage ceremonies. Those the synagogue or church authorizes to direct or preside over the spiritual affairs of the synagogue or church are included in this category. See (subd. 7) of DRL statute § 11 on Religious Corporations Law. According to the same statute (subd 1), leaders of certain Ethical Culture Societies are also recognized as having the authority to solemnize marriages.
To perform a wedding ceremony in New York City, clergy must register with the city clerk office of New York City. Clergy must provide their name, address and qualifying documents. According to Domestic Relations Law (DRL), page 89, in the official NYC handbook, a minister or clergy of any faith or religion may solemnize a marriage ceremony.
Those who hold a New York City driver’s license need three things to legally perform marriages within the city limits. These include a letter signed by at least one member of the person’s congregation, a founding document and an ordination certificate.
The state has the authority to prevent just anyone from performing a marriage ceremony under the guise of a so-called religion. However, the state cannot prohibit persons, with the sanction of their ecclesiastical body, from officiating at marriage ceremonies. A case regarding limitation of ministers recognized to perform ceremonies to those associated with federally listed religious bodies as unconstitutional is O'Neal v. Hubbard, Sup.Ct. Kings County 1943), 180 Misc. 40 N.Y.S.2d 202.
An individual who solemnizes marriages is not required to lead a synagogue, church or other religious congregation that is affiliated in any way with a recognized order or denomination. Clergy also are not required to be formally sanctioned by their governing order, denomination or board, congregation, church or synagogue as found in the case of dealing with the Silverstein Estate, (Surr.Ct.Bronx County 1947), 190 Misc. 745, 75 N.Y.S.2d 144.
This case provided proof that the minister, who had performed the wedding ceremony, regularly held services at a synagogue with about twenty-five regular attenders. The court decided enough evidence existed to prove the congregation recognized the minister as their spiritual advisor and leader. (Silverstein's Estate, supra.)
While New York City liberally interprets the law, the law is stretched with cases in which the faith of individuals performing marriage ceremonies seems pseudo-religious at best. In the case of Ravenal v. Ravenal, (Sup.Ct.N.Y.County 1972), 72 Misc.2d 100, 338 N.Y.S.2d 324, the court explored the validity of receiving ministerial credentials through the mail by an individual with no church location, organization or congregation. The person did not perform religious rites for worship services. Furthermore, the organization who accredited the individual did so simply for a free-will offering.
Even with the most liberal of jurisprudence construction, the court decided the individual could not be considered a minister or clergy of any faith or religion. The case reveals an extreme position in which the individual who performed the wedding ceremony, by any objective standards for clergy, did not meet the criteria.
In the Ravenal v. Ravenal case, the court decided the individual posing as a minister was instead a charlatan, who considered purchasing ordination papers by mail from a company who sent ordination certificates to anyone with a fee gave him legitimate authority to perform weddings. The court did clarify that when the clergy and the couple being married hold genuine religious tenets and practice them, the authority of the minister to marry will be recognized by the governing authorities.
There are objective criteria for testing the genuineness of a religious faith. These criteria include a regular place and time or worship along with a set of religious beliefs, principles or tenets which congregants practice. Regardless of the conventionality of belief and practices or how uneducated the clergy seems to be in theology, subjective values of any particular practices of the religion or faith are not relevant.
Couples are allowed to have their marriage ceremonies reflect the manner practiced by their particular denomination. (DRL§ 2.) A summary of the regulations (Title 51) dealing with the City Clerk 15293 RCNY 6-30-91" § 3-06 Marriage Officiant Registration, (in accordance with § 11-B) in essence states that upon the presentation of documents proving the authority to perform marriage ceremonies in New York City, the registration of the officiant will be accepted by the City Clerk.
Those clergy who wish to register with the city clerk of New York need to comply with at least one of the following situations.
1. The clergy must show that she or he has a listing in the denomination’s directory of its recognized ministers. If not listed, the clergy seeking to register may show printed confirmation of membership in the denomination or body that publishes the directory. A letter or certificate that shows the registrant graduated from the denomination’s theological school or seminary will also serve as confirmation.
2. If the registrant’s denomination does not publish a directory of its clergy, the individual must show other documentary proof that he or she has the authority to perform marriage ceremonies. First, a person seeking registration may present his or her ordination papers, and, if not in English, provide an English translation. According to the New York Law Journal, March 27, 1989 regarding Ranieri v. Ranieri, registrants with Universal Life Church ordination papers will not be accepted by the clerical authority as acceptable. This also applies to any affiliates of this church body. Check Ravenal v. Ravenal, (Sup.Ct.N.Y.County 1972), 72 Misc.2d 100, 338 N.Y.S.2d 324.
If a registrant does not have a certificate of ordination, he or she may, instead, show a ministerial license to pastor or a letter from his or her church or religious leaders, such as members of the board of trustees, indicating a valid appointment as a church spiritual leader.
Secondly, a clergy seeking to register must show a letter from the local congregation, to which he or she ministers, that states the person should be registered and that he or she is, in fact, a pastor or an associate of the congregation. Finally, the registrant from an incorporated church body needs to show a copy of the church’s articles of incorporation. For the clergy of an unincorporated church, the registrant presents documents showing the worship location and information on why the church was founded, average size of the congregation, number of trustees and how often the congregation meets.
3. If the individual seeking to register can show neither a denominational directory, an ordination certificate or a license to pastor because the denomination does not offer any of these, the registrant is to present to the city clerk a letter from the congregation stating that they recognize the individual as their spiritual leader and they agree to the clergy’s registration. The registrant must also show documentation of the worship location and information on why the church was founded, average size of the congregation, number of trustees and how often the congregation meets.
North Carolina
In the state of North Carolina, an ordained minister of any faith may perform a marriage ceremony. The only requirement is that the church itself authorizes the pastor to do this. When applying for a marriage license, couples should visit their local Registrar of Deeds. They should give this license to the minister so it can be completed at the time of the ceremony. After performing the wedding, the preacher is then required to return it to the same Registrar that issued it. Engaged couples or clergy who have questions about this process should talk to their local Registrar of Deeds for more information.
North Dakota
The state of North Dakota permits any person who is ordained by his church to perform marriage ceremonies. This means that pastors and priests of all faiths are eligible to do so. Each county has a judge responsible for issuing marriage licenses, but a county clerk is usually able to answer any questions about the process. When performing the ceremony, the officiating clergy will sign the marriage certificate and ensure the newlywed couple has a copy of this document. He is then required to file an additional copy with the issuing judge no later than five days after the ceremony is performed.
Ohio
The state of Ohio only recognizes certain churches and religious organizations. As such, clergy must be ordained by one of the denominations officially recognized by the state government of Ohio in order to perform marriage ceremonies. This list is maintained by the Secretary of State which is located at 30 East Broad Street, 14th Floor, Columbus, Ohio 43266-0418. A minister of one of the approved churches may apply for a minister’s license by contacting this same agency. The Secretary of State will then mail an application form which must be returned along with a copy of the ordination certificate to prove the religious affiliation and licensing requirements. In most instances, the entire process can be expected to take between two and three weeks, so ministers who plan to perform wedding ceremonies should plan accordingly to make sure they are approved on time.
Clergy may also receive a license to marry couples by visiting their county Probate Judge. The pastor will need to show his ordination certificate to the judge, who will then issue a license to perform marriages. This license will enable the preacher to perform marriages at any county in Ohio. Whenever the preacher wants to marry a couple in a different county, all he has to do is show his license to the Probate Judge of that district in order to get permission to do so.
The clerk of the probate court is responsible for issuing marriage licenses and can instruct residents of their respective counties on how to apply. Once the application is completed, a probate judge will issue a license to the parties. After the ceremony is finished, the officiating clergy will sign the license and then return it to the Probate Judge that issued it
Oklahoma
Oklahoma gives wide leeway to ministers who wish to perform wedding ceremonies, providing this individual is at least 18 years of age. A religious leader of any denomination may perform marriages as long as he files a copy of his credentials with the clerk of the court. This should be done in the county in which he resides. If the minister is not a resident of the state of Oklahoma, he can still perform weddings in this state. In this instance, he will need to file a copy of his ordination certificate at the county Clerk of Court where he plans to hold the ceremony.
Oklahoma law also addresses the marriage of individuals who belong to specific religious groups such as Quakers, the Church of Jesus Christ of Latter Day Saints (Mormons) and any other groups who do not have an ordained minister. In this instance, the law allows couples to have their ceremony “solemnized by the persons and in the manner prescribed by and practiced in any such society, church, or assembly.”
One thing that is expressly forbidden by Oklahoma law is polygamous or plural marriages. This is true even if the couple belong to a religious sect which allows these types of unions. Ministers of these denominations may not marry individuals that fall into one of these categories.
When the marriage ceremony takes place, the officiating clergy as well as the witnesses to this event must sign and date the certificate. The pastor must include his name, title, and the name and address of the congregation he pastors, and then return it to the issuing judge.
Oregon
In the state of Oregon, a minister can perform marriage ceremonies provided the denomination he is affiliated with has established congregations in that state who meet regularly. He must also be authorized by his church body to perform weddings in Oklahoma. Prior to performing a wedding ceremony, the pastor must file his ordination certificate with the Clerk of Court. This can be done either in the county he lives in or in the county where he plans to hold weddings.
After the ceremony, the minister must fill out the marriage certificate and return it to the court clerk. This must be done in a timely manner, which means no more than 30 days should elapse before completing this task. If the newlywed couple asks for a copy of the marriage certificate, the pastor must give it to them as well. For this reason, it could be helpful for the officiating clergy to keep a copy of this certificate for his own records.
Pennsylvania
Pennsylvania law is unique in the fact that it addresses couples who wish to marry themselves. In order to be eligible to do so, the bride and groom must first obtain a certificate from their local Orphan’s Court. Those who wish to be married by a religious official are also in luck here. Pennsylvania law is very lenient in permitting ministers to perform marriage ceremonies. Pastors of any regularly established religion may perform weddings in this state. No requirements for ordination are specified in the Pennsylvania statute. The officiating clergy must give a copy of the completed certificate to the bride and groom and then file this document with the county clerk’s office no later than 10 days after the nuptials take place.
Rhode Island
This state allows persons who currently lead a congregation or who have done so in the past, to perform marriage ceremonies. The group must meeton a regular basis and the minister must have been ordained according to the traditions established by that particular organization. Meeting these requirements will enable the pastor to obtain a license from a city or town clerk with the state. This license is required before the ceremony actually takes place. After completing the wedding, a licensed clergy member must endorse the certificate and then return it to the issuing authority. The town or city clerk’s office in each jurisdiction is espoused with the duties of issuing and recording marriage licenses. Clergy can speak to one of these clerks if there are any questions about obtaining a marriage certificate or a license to perform weddings in this state.
South Carolina
In South Carolina, anyone who is an ordained minister may solemnize marriage ceremonies. This minister must be authorized by his church to administer oaths. To obtain a marriage license, prospective couples must visit their local county Judge of Probate. The license will be issued in three copies, one for the couple to keep and two that must be returned to the courthouse. Upon completion of the wedding ceremony, the minister will sign the certificate and then give the newlywed couple a copy. He is then responsible for filing the completed license with the issuing judge no later than 15 days after the ceremony takes place.
South Dakota
South Dakota law also gives wide leeway to ministers who wish to marry individuals. The only stipulation provided is that the marriage ceremony be performed by a priest or minister of the gospel of any denomination. Prospective couples must apply for a marriage license with their local court clerk. The minister is responsible for completing the certificate and then returning it to the court clerk no later than 30 days after the ceremony takes place. The bride and groom may receive a copy from the minister if they request it. One unique aspect of South Dakota law is that it requires any pastor who performs marriage ceremonies to keep a ledger of these events.
Tennessee
State licensure: Comprises state, city, province and other jurisdiction
* What activities require a member of the "clergy" to be present?
Weddings, funerals, and perhaps some other activities require professional clergy.
* What activities do members of the "clergy" get to do by virtue of their professional standing?
These activities would include jail visits and other such things. Tennessee law is very unclear about the full capacity of the clergy.
* Who is specifically implied when Tennessee law discusses the "clergy"? Who can be "clergy?"
The word "clergy" is ambiguous when discussed in the scope of Tennessee law. There is no clear definition.
* How does one become certified as a member of the "clergy" in the state of Tennessee?
The process is two-fold. For clergy certification, you first need to submit an official statement from your congregation or from your religious denomination stating that you are an ordained minister or member of the clergy. Once you have proven your status with the official statement, you must file a tax form and fill out a state questionnaire, all of which will cost about $200 - $300. This requires you to determine how you have been and will be taxed, because religious institutions are tax-exempt. We suggest that you keep well-organized records and hire a bookkeeper for your financial affairs.
Where to find official information: Tennessee Domestic Relations
Texas
Legally binding marriages may be performed by ordained priests and ministers of all Christian denominations, Jewish rabbis, and any individuals with official standing in religious organizations, whom the organization authorizes to conduct marriage ceremonies.
For marriages to be certified in the state of Texas, ministers and religious officials must complete the marriage license for the couple within thirty days after the marriage and submit it to the same county clerk's office from which it originated.
For any further questions visit your local county clerk's office.
Utah
Ministers of the holy gospel or priests of any religious order in good standing and regular communion with their organization are legally authorized to perform marriages in the state of Utah.
Once a marriage is completed, certified ministers in Utah must fill out a marriage certificate and send it to the issuing county clerk's office within 30 days after the ceremony.
For any further questions, visit your local county clerk's office.
Vermont
ll ordained ministers with Vermont residency may conduct and preside over marriages held in the state of Vermont. Ministers without residency in Vermont may also perform marriages, but must first receive permission from the probate court. Contact the probate court of the district in which the marriage will be held.
For marriages to be certified in the state of Vermont, ministers and religious officials must complete the marriage license and certificate for the couple within ten days after the marriage and submit it to the same clerk's office from which it originated.
For any further questions visit your local town or county clerk's office.
Virginia
Wedding law procedures are not as well defined in Virginia. The official policy is that a clergy member must visit a Circuit Court Clerk's office and bring a "certificate of ordination" from his or her religious organization, a photo ID, and a licensing fee of $16. The clergy member must answer, to the clerk's satisfaction, questions about his or her congregation, including where it is located, how many members it contains, and whether or not the IRS recognizes it as a religious group. After the hearing, the clerk will register the clergy member to perform weddings or send the clergy member to a judge for further questioning. Non-residents may perform marriages in Virginia as well but must go through this procedure.
Furthermore, non-clergy residents of Virginia may apply for a wedding permit with the Circuit Court Clerk's office. For more official information, visit your local County Circuit Court.
Virgin Islands
Any ministers or clergy members of any religion with United States residency in any state or territory may perform marriages within the Virgin Islands.
For marriages to be certified in the Virgin Islands, the presiding minister must complete the marriage license for the couple within ten days after the marriage and submit it to the same municipal court clerk's office from which it originated.
For any further questions visit your local municipal court clerk's office.
Washington State
All licensed and ordained ministers with any church or religious organization within the state of Washington have the authority to perform marriages. For marriages to be certified in Washington, the minister must send two marriage certificates to the county auditor where the marriage was performed within thirty days following the marriage ceremony.
For any further questions, see your local county auditor.
West Virginia
According to new marriage laws passed in 2002, new provisions have been established regarding the registration of ministers allowed to perform marriages in the state of West Virginia. They are slightly more complicated than the old marriage provisions.
These new provisions replaced the previous registration requirements, which had resided with the county clerk where the marriage was being performed. However, the county commission still retains authority over approving the bond or offering exemption from the bond requirements.
New Clergy Registration Requirements
Proof of Age - Registrants must be at least 18 years of age. Show proof of age with a birth certificate, driver's license, military ID or valid U.S. passport.
Proof of Authority - Registrants must be authorized by their religious organization or spiritual, faith-based assembly to perform marriages; registrants must be in regular communion with said religious organization of which he or she is a member.
Bond - Bonding requirement may be waived if the registrant can provide proof to a county commission that he or she is ordained with the religious organization in the form of formal authorization by said religious organization. If formal authorization or proof of ordination is not provided, a $1,500 bond, assured by the county commission, is required for marriage licensing. To be clear, if a congregation is unaffiliated with a recognized religious body, a letter from members of he congregation is insufficient proof for exemption from the bonding requirement.
Registry - The Secretary of State of West Virginia will maintain a registry of everyone authorized to conduct marriages. The law required county clerks in each of West Virginia's 55 counties to forward their lists of authorized persons to the Secretary of State. The Secretary of State then forwarded the full registry to county clerks around the state. Periodic updates are sent between the Secretary of State and the county clerks.
For more information, visit the West Virginia Secretary of State Website.
Wisconsin
All ordained clergy members of any recognized religious denomination or organization may perform marriages in the state of Wisconsin. Ministers must file ordination credentials with their church's local county circuit court clerk before they may perform marriages. The clerk will provide the minister with a certificate enabling them to perform legal marriages.
Following the marriage ceremony, the licensed minister must complete marriage certificates for the bride and the groom. The original marriage certificate must be given to the county register's office within three days after the marriage. If the marriage was performed in a city, the marriage certificate must be provided to the city health officer.
For further questions, visit your local circuit court clerk.
Wyoming
All licensed or ordained ministers acting in accordance with any recognized religious organization may perform marriages in the state of Wyoming.
For a marriage to be certified in the state of Wyoming, the presiding minister must have the bride and groom fill out a marriage certificate and return the completed certificate to the county clerk.
Visit your local county clerk's office if you have additional questions.
