Marriage laws by state minister

North Carolina

Any ordained minister of any faith who is authorized to perform marriages by his church may do so. — ministers must complete the marriage license and return it to the register of deeds who issued it. — For questions see the register of deeds.

North Dakota

Ordained ministers of the gospel and priests of every church may perform marriages. — Ministers must file a certificate of marriage with the county judge who issued the license within 5 days after the marriage. Certificates must also be given to the persons married. — For questions see the county clerk.

Ohio

New Information as of June 2009.

Any minister, whether out of state or an Ohio resident, in order to solemnize a marriage must first submit an application and a copy of their Certificate of Ordination (which you got from us) along with a $10 fee to the Ohio Secretary of State Records Division office. You can read full instructions and even apply online here: http://www.sos.state.oh.us/SOS/MinisterLicense/licensing.aspx

You can also call the Records Division at (614) 728-9200 and ask them to send you a “Minister Licensing” packet by US Mail.

Oklahoma

Oklahoma statutes provide for clergy who are not licensed therapists to give certain kinds of counseling. Clergymen may also visit prisoners. The law also provides a right to confidential communications with a clergyman acting in his professional capacity. In this state, the confidentiality belongs in the communicant, not in the clergyman.

Weddings

Oklahoma requires ministers to file their credentials in advance of performing a wedding. To file your credentials simply go to the County Clerk’s Office (or Marriage Licensing Office) – usually at the County Courthouse. They will need to make a copy of your ordination papers or certificate of Chaplaincy. They will then record your credentials and issue a series of numbers which include a ‘Book Number, Page Number, and Sequence or Section Number.’ You will then put your ‘Book Number, Page Number, Seq. Number’ on the marriage license when you fill out the minister portion. There is no filing fee for ministers in the State of Oklahoma.

Additionally, you may obtain a form called a Disclosure of Premarital Counseling from the Clerk’s Office. When this form is filled in by the minister/counselor, stating the bride and groom has received a minimum of four (4) hours of marriage education curriculum or counseling, it will save them $45.00 when they apply for their Marriage License.

From the State Constitution

Title 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 of record 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 belongs to preach the Gospel, or a rabbi and who is at least eighteen (18) years of age. 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 resides, a copy of his credentials or authority from his church or synagogue authorizing him to solemnize marriages. 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 is a resident, shall have filed once, in the office of the court clerk of the county in which he intends to perform or solemnize a marriage, a copy of his credentials or authority from his church or synagogue authorizing him to solemnize marriages. Such filing by resident or nonresident preachers, ministers, priests, rabbis or ecclesiastical dignitaries shall be effective in and for all counties of this state; provided, that no fee shall be charged for such recording; but no person herein authorized to perform or solemnize the marriage ceremony shall do so unless the license issued therefor be first delivered into his possession nor unless he has good reason to believe the persons presenting themselves before him for marriage are the identical persons named in the license, and for whose marriage the name was issued, and that there is no legal objection or impediment to such marriage.

B. Marriages between persons belonging to the society called Friends, or Quakers, the spiritual assembly of the Baha’Is, or The Church of Jesus Christ of Latter Day Saints, which have no ordained minister, may be solemnized by the persons and in the manner prescribed by and practiced in any such society, church or assembly.

Title 43 § 8 Endorsement and return of license. The person performing or solemnizing the marriage ceremony shall immediately upon the completion thereof endorse upon the license authorizing the marriage his name; official or clerical designation; the court of which he is judge or the congregation or body of which he is pastor, preacher, minister, priest, rabbi or dignitary, provided, that the authority to perform or solemnize marriages shall be coextensive with the congregation or body of which he is pastor, preacher, minister, priest, rabbi or dignitary; the town or city and county where the same is located; and signed by him with his official or clerical designation. The witnesses to the ceremony shall endorse the license authorizing the marriage with their names and post office addresses. The license with such certificate thereon shall be transmitted without delay to the judge or the court clerk who issued the same. Provided that all marriages solemnized among the society called Friends, or Quakers, the spiritual assembly of the Baha’Is, or the Church of Jesus Christ of Latter Day Saints, in the form heretofore practiced and in use in their meetings shall be good and valid. One person chosen by such society, church or assembly shall be responsible for completing the certification of marriage pursuant to this title in the same manner as a minister or other person authorized to perform marriages. Such person shall be chosen by the society, church or assembly for this purpose.

Official Information

Oklahoma Public Legal Research System

Oregon

Ministers of any church organized, carrying on its work, and having congregations in this state may perform marriages in this state if authorized by their church to do so. — Before performing marriages, ministers must file their credentials with the county clerk of the county in which they reside or in which the marriage is to be performed. — Ministers must give the bride and groom a marriage certificate upon request. Also, the minister must send a marriage certificate to the county clerk who issued the marriage license within one month after the marriage. — For questions see the county clerk.

Pennsylvania

§1503

(a) 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.

Ministers need to file their credentials with the county clerk’s office before solemnizing any marriages.
This entry updated 2005

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A visitor to our site wrote in July 2006:

Good afternoon, I want to thank you for the information on your website on marriages per state, I live in the city of Philadelphia and on your site you state that the minister has to register his credentials before performing a marriage, well I went around looking for the Court of Orphans in our city and it is located in City Hall room 415, the phone number is 215-686-2230. I spoke to a gentlemen by the name of Nick and he told me that in the City of Philadelphia, and the state for that matter, ministers are not required to file anything that is strictly between the church or organization to establish who performs the marraiges, because of the separation between church and state. Therefore the minister is not required to file at all, the couple do have to have a marriage liscense before the ceremony actually takes place.

Please feel free to double check and make the corrections on your site.
Thank you.

Rhode Island

Here is the RI State Law re: Who may perform Marriages in the state. Clergy are not required to register with clerks offices.

Who May Perform the Ceremony
General Laws of Rhode Island § 15-3-5: Officials empowered to join persons in marriage. – Every ordained clergy or elder in good standing, every justice of the supreme court, superior court, family court, workers’ compensation court, district court or administrative adjudication court, the clerk of the supreme court, every clerk or general chief clerk of a superior court, family court, district court, or administrative adjudication court, magistrates, special or general magistrates of the superior court, family court or district court, administrators of the workers’ compensation court, every former justice or judge and former administrator of these courts and every former chief clerk of the district court, and every former clerk or general chief clerk of a superior court may join persons in marriage in any town in this state; and every justice and every former justice of the municipal courts of the cities and towns in this state and of the police court of the town of Johnston and every probate judge may join persons in marriage in any city or town in this state, and wardens of the town of New Shoreham may join persons in marriage in New Shoreham.

Responsibilities of the Officiate
• Perform the ceremony
• Obtain the signatures of the witnesses, and complete the Items 16a-16g on the license in black ink. No liquid correction fluid may be used.
• Register the marriage record within 72 hours at the Rhode Island city/town clerk office where the license was issued (Item 15D).

How and When To Obtain Certified Copies of the Marriage Record
• Complete an application at one of the following locations
• The city or town clerk’s office where the license was issued and where it is first available
• The State Office of Vital Records within a month of the ceremony
• The city or town where the ceremony took place (or the bride’s or groom’s Rhode Island residence, if different from the city/town of issuance) within two months of the ceremony
• Pay the fee of $15.00 for one copy and $10.00 for additional copies obtained at the same time

VS134 (Rev. Feb. 21, 2006) MarrReq02/2006

M. Smith – Deputy Town Clerk

South Carolina

South Carolina Code Section 20-1-20
“Only ministers of the Gospel or accepted Jewish rabbis and officers authorized in this State are authorized to administer a marriage ceremony in this State. ”

Ministers of the gospel who are authorized to administer oaths in this state may perform marriages. — Ministers must complete the marriage license and give one copy to the parties and the other two must be returned to the county judge of probate who issued it within 15 days after the marriage. — For questions see the county judge of probate or his clerk.

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Also,
Anyone that is a notary public in the state of South Carolina is authorized to perform marriage ceremonies.

P. Thomas
Notary Public
State of South Carolina

South Dakota

Marriages may be performed by a minister of the gospel, or priest of any denomination. — Ministers must provide the bride and groom with marriage certificates upon request. Ministers must also keep a record book of all marriages they perform. Finally, the minister must send a marriage certificate to the clerk who issued the marriage license within 30 days after the marriage. — For questions see the clerk of courts.

Tennessee

(a) (1) All regular ministers, preachers, pastors, priests, rabbis and other spiritual leaders of every religious belief, more than eighteen (18) years of age, having the care of souls, and all members of the county legislative bodies, county mayors, judges, chancellors, former chancellors and former judges of this state, former county executives or county mayors of this state, former members of quarterly county courts or county commissions who were members of such bodies on or before August 1, 1984, the governor, the speaker of the senate and former speakers of the senate, the speaker of the house of representatives and former speakers of the house of representatives, the county clerk of each county and the mayor of any municipality in the state may solemnize the rite of matrimony. For the purposes of this section, the several judges of the United States courts, including United States magistrates and United States bankruptcy judges, who are citizens of Tennessee are deemed to be judges of this state. The amendments to this section by Acts 1987, ch. 336 which applied provisions of this section to certain former judges do not apply to any judge who has been convicted of a felony or who has been removed from office.

(2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other religious group or organization; and such customs must provide for such ordination or designation by a considered, deliberate, and responsible act.
Here’s the complete Tennessee code:
http://www.state.tn.us/tccy/tnchild/36/36-3-301.htm

This entry updated March, 2009

Texas

Ordained Christian ministers and priests; Jewish rabbis and persons who are officers of religious organizations and who are duly authorized by the organization to conduct marriage ceremonies may perform marriages. — Ministers must complete the marriage license and return it to the county clerk who issued it within 30 days after the marriage. — For questions see the county clerk.

Utah

Ministers of the gospel or priests of any denomination who are in regular communion with any religious society may perform marriages. —Ministers must provide a certificate of marriage to the county clerk who issued the marriage license within 30 days after the marriage. — For questions see the county clerk.

Vermont

Ordained ministers residing in this state may perform marriages. Non-resident ordained ministers may perform marriages with the permission of the probate court of the district within which the marriage is to take place. — Ministers must complete the marriage license and certificate of marriage and return it to the clerk’s office from which it was issued within ten days from the date of the marriage. — For questions see the town clerk.

Virginia

The procedure in Virginia is less well defined. According to the official in Arlington County, you bring (in person) your “certificate of ordination”, a photo ID, and $16 the Clerk’s office of any Circuit Court. Then the clerk will ask you “some questions” about things like whether or not you have a congregation in Virginia, how many members, and whether your group is recognized as a religious group by the IRS. Then either the clerk will register you or buck the problem up to a judge. Nonresidents are eligible.

VA-resident non-clergy can sign up for a one-time permit to celebrate a wedding. Apply in person at the Clerk’s office of any Circuit Court.

Virgin Islands

Clergymen or ministers of any religion, whether they reside in the Virgin Islands or elsewhere in the United States may perform marriages. —Ministers must complete the marriage license and return it to the clerk of the municipal court which issued the license within 10 days after the marriage is performed. — For questions see the clerk of the municipal court.

Washington

Regularly licensed or ordained ministers or any priest of any church or religious denomination anywhere within the state may perform marriages.— Ministers must send two certificates of marriage to the county auditor within 30 days after the marriage. — For questions see the county auditor.

Washington, D.C.

Ordained ministers of the gospel may perform marriages. — Marriage licenses are addressed to the minister who will perform the ceremony. The minister must complete a marriage certificate for the bride and for the groom and return another certificate to the clerk of the District of Columbia Court of General Sessions within 10 days after the marriage. — For questions see the clerk of the Court of General Sessions.

If a member of your “religious society” is already registered as a minister qualified to perform weddings, you fill out an application, get the already-registered person to sign as “endorser”, pay $35, and you’re in. Application is available by fax-back from 202-879-4840.

If your “society” does not already have a minister registered in DC, then you have to assemble (I’m summarizing from the official information handout):

“The following documentation has been found by many judges of this court to be sufficient evidence of affiliation with a religious society to support the granting of an authorization to perform marriage ceremonies in the District of Columbia.”

A certificate from the headquarters of the religious body showing that you are a minister

A copy of the charter of the society and a copy of the applicant’s ordination

An affidavit from the applicant giving details on how long he has been a minister, where and how often he conducts religious meetings, the congregation size, whether or not he is a full-time minister, etc.

An endorsement from a “reputable” citizen of DC saying that the applicant is known as a religious minister and is a person of good moral character.

“If any of the above documentation cannot be produced, it would be helpful to the Court’s determination to produce a written explanation of that omission.” Oh, and everything must be either “certified or notarized”.

Official Information:
For more information, you can call (202) 879-4850.

West Virginia

New Law Passed in 2002!

The West Virginia Legislature adopted S. B. 59, establishing new provisions for the registration of religious representatives to be authorized to perform marriages in any county in West Virginia.
The provisions replace previous requirements for registration with the county clerk, however approval of the bond or exemption from the bonding requirement was left with the county commission.

Requirements for Registration
1. Proof of Age The registrant must be 18 years of age or older, and may show proof using a birth certificate, driver license, passport or military ID.
2. Proof of Authority The registrant must be: duly authorized to perform marriages by his or her church, synagogue, spiritual assembly or religious organization; and in regular communion with that group of which he or she is a member.
3. Bond The bonding requirement is waived if the registrant gives proof before the county commission of his or her ordination or similar formal authorization by the religious organization.

A bond of $1,500 with surety approved by the county commission, is required if the formal ordination or similar authorization is not provided. A letter from the members of a single congregation unaffiliated with a recognized religious body is not considered proof sufficient to be exempt from the bonding requirement.

Registry The Secretary of State will establish a registry of all persons authorized to perform marriages.

The law requires county clerks in the 55 counties to forward to the Secretary of State by October 1, 2001, the name of every person authorized since 1960 to perform marriages for inclusion in the registry. The Secretary of State must then forward the completed registry and periodic updates back to the county clerks.
This info from WV Secretary of State Website

Wisconsin

Any ordained clergyman of any religious denomination or society may perform marriages. WI no longer requires ministers to register in advance of a wedding, but you must be ordained or licensed or the marriage is not legal. The bride and groom will bring you an envelope with the marriage license. Fill out the portion set aside for the minister putting the name of your church (our church name is fine) and date of ordination and non-denominational if it asks your denomination. Follow the instructions in the envelope where to send the completed marriage license. It must be returned to the Register of Deeds Office of the county in which the marriage was performed. This must be done within 3 days after the marriage.

For questions call the County Clerk’s Office. Here is Milwaukee County Clerk’s Office number. I called them on 6-2-2009. (414) 278-4067

Wyoming

Every licensed or ordained minister of the gospel may perform marriages. — Ministers must give a marriage certificate to the bride and groom upon request and must return a certificate to the county clerk. — – For questions see the county clerk.