U.S. Marriage Laws - States M-O
Gathered here are U.S. marriage laws as collected and submitted by CSP ministers. If you see an error, please update us by sending the correct information to the President.
MAINE
Ordained ministers of the gospel may perform marriages. Ministers must be licensed by the Secretary of State before performing marriages. Application may be made to the town clerk or treasurer. There is a $5 fee. After the marriage, the minister must file a copy of the record of marriage with the town clerk. For questions see the town clerk.
MARYLAND
Any minister of the gospel authorized by the rules and customs of their church may perform marriages. Ministers must complete the marriage license and marriage certificate and give one certificate to the couple. Another certificate and the license must be returned to the clerk of the Court of Common Pleas within five days after the marriage. For questions see the clerk of the Court of Common Pleas.
MASSACHUSETTS
Ordained ministers of the gospel may perform marriages. Before performing marriages, ministers are required to apply for a certificate from the state. For applications write to:
Secretary
of the Commonwealth Commissions Section
Room 1719
One Ashburton Place
Boston, MA 02108
You must file a copy of your ordination certificate and a statement from the church saying that you are in good standing. Please let us know well in advance if you need a statement from us. Ministers must keep records of all marriages they perform. Also, ministers must return a certificate of the marriage to the town clerk or registrar who issued the marriage license and to the town clerk of the town where the marriage was performed. For questions see the town clerk or registrar or write to the Secretary of State.
MICHIGAN
Solemnization Authority:
Marriages may be solemnized by any of the following:
(a) federal, probate, district, and municipal judges, and district court magistrates, in their court area;
(b) mayors, in their city;
(c) Wayne County clerks;
(d) ministers 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";
(e) non- resident ministers of the gospel, anywhere in the state, if the minister is authorized to solemnize marriages by his or her state's laws. MCL 551.7; MSA 25.7.
Does the phrase "minister of the gospel" include a rabbi? There is no known Michigan law on the subject.
Solemnization Form:
No particular form or oath is required. The parties merely solemnly declare that they take each other as husband and wife before at least two witnesses and the person officiating. MCL 551.9; MSA 25.9. A special law allows "the people called Friends or Quakers" and "people of any other particular denomination, having, as such, any peculiar mode of solemnizing marriages" to solemnize their marriages in their own manner. MCL 551.17; MSA 25.13.
Penalties for Violation
The law provides penalties for the following persons, who are guilty of a misdemeanor and, upon conviction, may be punished by imprisonment in the county jail or by a fine, or by both a fine and imprisonment, in the discretion of the court (up to the maximums noted):
(a) A person who solemnizes a marriage, or attempts to solemnize a marriage, knowing that he or she is not lawfully authorized to do so or that there is a legal impediment to the marriage. MCL 551.15; MSA 25.11. [Up to I year; $50 to $500]
(b) A person who solemnizes contrary to the provisions of the law (e.g., a prohibited marriage). MCL 551.14; MSA 25.10. [Up to $500]
(c) A clergyman or magistrate who solemnizes a marriage without first obtaining a properly issued license from the parties to the marriage. MCL 551.106; MSA 25.37. [Up to $100; if not paid, up to 90 days]
(d) A person whose duty it is to return a marriage certificate to the county clerk, or to keep a record of marriages, who fails to do so. MCL 551.107; MSA 25.38. [Up to $100; up to 90 days]
(e) A person of sound mind who knowingly marries a person who is insane, an idiot, or who has been confined as a feeble-minded, imbecile, or insane patient, or who has been adjudged insane, feeble-minded, or an imbecile; or a person who advises, aids, abets, causes, procures, or assists in procuring such a marriage. MCL 551.6; MSA 25.6. [Up to $1,000; 1 to 5 years]
MINNESOTA
Any licensed or ordained minister of the gospel in regular communion with a religious society may perform marriages. Ministers must file a copy of their credentials of ordination with the clerk of the district court of any county. Ministers must give a marriage certificate to the bride and groom and also file a certificate with the clerk of the district court in the county which issued the marriage license. For questions see the clerk of the district court.
MISSISSIPPI
Any ordained minister of the gospel who is in good standing with his or her church may perform marriages. Ministers must send a certificate of marriage to the clerk who issued the marriage license within three months after the marriage. For questions see the clerk of the circuit court.
MISSOURI
Marriages may be performed by any clergyman who is a citizen of the United States and who is in good standing with any church or synagogue in this state. Ministers must keep a record of all marriages they perform. They must give the couple a marriage certificate and must complete the marriage license and return it to the recorder of deeds within 90 days after the day the marriage license was issued. For questions see the recorder of deeds.
MONTANA
Ministers of the gospel of any denomination may perform marriages. Ministers must complete and return a marriage certificate to the clerk of the district court within 30 days after the marriage. Also, the minister must provide marriage certificates to the bride and groom upon request. For questions see the clerk of the district court.
NEBRASKA
Any ordained clergyman whatsoever, without regard to the sect to which they belong may perform marriages. Ministers must report marriages they perform to the county judge who issued the marriage license within 15 days after the marriage. Also the minister must provide marriage certificates to the bride and groom upon request. For questions see the county clerk.
NEVADA
Any ordained minister in good standing with his denomination, whose denomination is incorporated or organized or established in the State of Nevada may perform marriages. Ministers are required to complete a complicated procedure to obtain a certificate of permissions to perform marriages. Among other requirements, the applicant's ministry must be primarily one of service to his congregation or denomination and his performance of marriages must be incidental to such service. See the county clerk for applications, and for any questions you may have.
NEW HAMPSHIRE
Marriages may be performed by any ordained minister of the gospel who resides in the state and is in good standing with his church. Ministers not residing in the state may obtain permission to perform a marriage upon application to the Secretary of State. Ministers must send a copy of the marriage certificate to the town clerk. For questions see the town clerk.
NEW JERSEY
Every minister of every religion may perform marriages. Ministers must complete a certificate of marriage and return it to the county clerk. For questions see the county clerk.
NEW MEXICO
Any ordained clergyman whatsoever, without regard to the sect to which he or she may belong may perform marriages. Ministers must provide the county clerk with a marriage certificate within 90 days after the marriage. For questions see the county clerk.
NEW YORK
In most of the State of New York the following statutes apply, but an additional provision in the domestic relations act section 11b allows only cities of over one million to add additional requirements. In the Case of NYC they have violated these constitutional stautes by exceeding registration requirements allowed under the general laws or the domestic relations act. Your choice to perform weddings in NYC is to either comply with their illegal requirements, or to file legal action against the City and wait a court decision since the State has ignored reason to make the City comply under Constitutional law. Our ordination is legal in New York State, but those wishing to have marriage authority in NYC need to understand both the law of the State and the minister's options within these laws.
As Revised, with Amendments Adopted by the Constitutional Convention of 1938 and Approved by vote of the People on November 8, 1938. As Amended and in Force January 1, 2002.
Bill of Rights - New York Statuatory Law
Article 1.
Section 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all humankind; and no person shall be rendered incompe- tent to be a witness on account of his or her opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify prac- tices inconsistent with the peace or safety of this state.
Section 11. No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, creed or religion, be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state.
Marriages may be performed by a clergyman or minister of any religion. However, a 1972 court case said that in order for a marriage to be valid, the minister must have an actual church or at least a stated meeting place for worship or any form of religious observance. Ministers do not have to be licensed except that before performing marriages in New York City, the minister must register his or her name and address in the office of the city clerk of the city of New York. Ministers must complete a marriage certificate and return it to the town or city clerk who issued the marriage license within 5 days after the marriage. For questions see the town or city clerk.
Additional Info: 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.
These include:
(a) the mayor of a city or village;
(b) the city clerk or one of the deputy city clerks of a city of more than one million inhabitants;
(c) a marriage officer appointed by the town or village board or the city common council;
(d) a justice or judge of the following courts: the U.S. Court of Appeals for the Second Circuit, the U.S. District Courts for the Northern, Southern, Eastern or Western Districts of New York, the NYS Court of Appeals, the Appellate Division of the NYS Supreme Court, the NYS Supreme Court, the Court of Claims, the Family Court, a Surrogates Court, the Civil and Criminal Courts of New York City (including Housing Judges of the Civil Court) and other courts of record;
(e) a village, town or county justice;
(f) a member of the clergy or minister who has been officially ordained and granted authority to perform marriage ceremonies from a governing church body in accordance with the rules and regulations of the church body;
(g) a member of the clergy or minister who is not authorized by a governing church body but who has been chosen by a spiritual group to preside over their spiritual affairs;
(h) other officiants as specified by Section 11 of the Domestic Relations Law.
The person performing the ceremony must be registered with the City of New York in order to perform a ceremony within the New York City limits. The officiant does not have to be a resident of New York State. Ship captains are not authorized to perform marriage ceremonies in New York State.
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
3101.8 Who may solemnize
An ordained or licensed minister of any religious society or congregation within this State, or any religious society in conformity with the rules and regulations of its church, may join together as husband and wife any persons not prohibited by law.
3101.09 Prohibitions
No person except those legally authorized shall attempt to solemnize a marriage, and no marriage shall be solemnized without the issuance of a license.
3101.10 License to Solemnize
A minister upon producing to the secretary of state, credentials of his being a regularly ordained or licensed minister of any religious society or congregation, shall be entitled to receive from the secretary of state a license authorizing him or her to solemnize marriages in this state so long as he/she continues as a regular minister in such society or congregation. A minister shall produce for inspection his license to solemnize marriages upon demand of any party at which he/she officiates or proposes to officiate or upon demand of any probate court. (After becoming licensed in the state send an extra copy of your license and ordination to your local county.)
3101.11 Recording with the Secretary of state
The secretary of state shall enter the name of a minister licensed to solemnize marriages upon a record kept in the office of the secretary of state.
3101.12 Record and License as Evidence of Authority
When the name of a minister licensed to solemnize marriages is entered upon the record by the secretary of state, such record and the license issued under section 3101.10 of the revised code shall be evidence that such minister is authorized to solemnize marriages in this state.
3101.13 Record of Marriage
A certificate of every marriage solemnized shall be transmitted by the authorized person solemnizing the marriage, within 30 days after the solemnization, to the probate judge of the county where the marriage license was issued. All such certificates filed with the judge shall be consecutively numbered and recorded in the order in which they are received.
The following section is very important to keep in mind.
3101.99 Penalties
Whoever violates section 3101.09 of the revised code shall be fined $500.00 and imprisoned not more than six months. This means that if you are not ordained, or you have not filed the required original ordination credential prior to performing marriages you will violate the legal code of Ohio.
Whoever shall violate section 3101.13 of the revised code shall be fined not more than $50.00.
Ohio does not recognize any credential downloaded from the Internet, nor do they accept faxed copies of an original credential. You must order a credential from the Ministries office prior to applying for State license, and send no less than a photocopy with your application and $10.00 fee.
You may go online to: http://www.state.oh.us/sos/ or call (614) 466-2585 to receive an application to solemnize marriages in Ohio.
OLAHOMA
Ordained ministers of the gospel of any denomination who are at least 18 years of age may perform marriages. Ministers must file a copy of their credentials with the county clerk before performing marriages. Ministers must complete a certificate of marriage and return it to the clerk or judge who issued the marriage license. For questions see the clerk of the county court.
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.
This site is © Copyright Church of Seven Planes,
All Rights Reserved
design
based on free web templates
|
