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U.S. Marriage Laws - States P-W & Virgin Islands

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.

 

PENNSYLVANIA

Ministers of any regularly established church or congregation may perform marriages. Also, persons may marry themselves if they obtain a certificate from the clerk of the orphans' court. Ministers must provide a certificate of marriage to the bride and groom. Also, they must send a marriage certificate to the clerk of the orphans' court who issued the marriage license within 10 days after the marriage. For questions see the clerk of the orphans' court.


RHODE ISLAND

Everyone who has been, or is, the minister of any society professing to meet for religious purposes, or incorporated for the promotion of such purposes, and holding stated and regular services, and who has been ordained according to the customs and usage's of such society may perform marriages. Ministers must obtain a license from the city or town clerk before performing marriages. Ministers must endorse and return the marriage license to the town or city clerk in which the marriage was performed. For questions see the town or city clerk.


SOUTH CAROLINA

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.


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

All regular ministers of the gospel of every denomination, and Jewish rabbis, more than 18 years of age, having the care of souls may perform marriages. Ministers must endorse the marriage license and return it to the clerk of the county court within three days after the marriage. For questions see the county clerk.


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

 

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.

An important note here is that the registering judge is the one with authority to rescind marriage authority as once registered your authority is Statewide. A judge of another County may not remove authority as per law, and Commonwealth establishment. Further it should be noted that as Virginia is a registry state that allows each County to decide marriage authority you may need to step over to another County that has easier requirements, or create as we ordain, an actual local church of at least three members to satisfy law. Section 20-23 was found not to protect the rights of all churches based in the bias of various County officials. The establishment of your own church/ministry with a congregation of at least three is Federal guidelines which apply even to Virginia.

A 1974 ruling against the ULC created a basis of denial for other churches sharing faith by not requiring ministers to go through schools which have not real accreditation under Federal law. This ruling is used by various counties to limit you as a minister of a less traditional church. To offset this you need to complete proper establishment of your church ministry in Counties that choose to violate Federal law by placing improper demands. You may do so with limited funds, and limited effort. You create a church name, charter with the home church, register the new organization as a 508 church with your county.

Proper establishment will require setting aside space either in the home, or separate building where congregants may worship on a regular basis with you as minister. Establishing Articles of faith, bylaws of your church, and Doctrine of service in the church. You will need to show that though you work outside of the church often, that you are the full time minister on call to your membership, or an associate minister providing the same service. Though some county Judges argue training, you may argue that the Antioch Baptist church that has been authorized in that State primarily offers only distance training, and your organization provides the same already accepted requirements of the State. The CSP is working to establish training through the church to qualify you under the laws of the states to be a minister, and allow you to perform marriages under the various laws.

32.1-267.C

every person who officiates at a marriage ceremony shall certify to the facts of marriage and file the record in duplicate with the officer who issued the marriage license within five days after the ceremony. In the event such Officiant dies or becomes incapacitated before completing the certificate of marriage, the official who issued the marriage license shall complete the certificate of marriage upon the order of the court to which is submitted proof that the marriage was performed.

20-27 Fee for celebrating marriage.

Any person authorized to celebrate the rites of marriage shall be permitted to charge the parties a fee for the ceremony not to exceed thirty dollars for each ceremony. Additionally, such person shall be permitted to charge the parties travel expenses to and from the marriage site. If conveyance is by public transportation, reimbursement shall be at the actual cost thereof. If conveyance is by private transportation, reimbursement shall be at the rate specified in the current general appropriations act of the Commonwealth. In either event, the actual cost of the ceremony together with travel expenses shall be given to the parties at least three days prior to the marriage ceremony.

20-28. Penalty for celebrating marriage without license.

If any person knowingly perform the ceremony of marriage without lawful license, or officiate in celebrating the rites of marriage without being authorized by law to do so, he shall be confined in jail not exceeding one year, and fined not exceeding $500.

20-32. Penalty on clerks for neglect of duty.

If any clerk of a court or county clerk fail to perform any duty required of him under this chapter, he shall forfeit ten dollars for every such offense. Pay attention here folks. If you find a clerk arguing your legal authority you should present them with this regulation and remind them that this fine is a per occurrence fine. Each time they give you problems you will file charge against them. The clerk and not the office is liable for these fines.


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.

DC code 46-406

(1) "Religious" includes or pertains to a belief in a theological doctrine, a belief in and worship of a divine ruling power, a recognition of a supernatural power controlling man's destiny, or a devotion to some principle, strict fidelity or faithfulness, conscientiousness, pious affection, or attachment.
(2) "Society" means a voluntary association of individuals for religious purposes.

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.

Ministers must register with the clerk of the superior court prior to performing weddings.


WEST VIRGINIA

S. B. 59 now requires that all ministers in communion and or good standing with their church will need to file a copy of their ordination, a fee of $25.00 and application with the Secretary of State's office prior to performing marriage services. The application form may be found at their website or can be requested through the State's offices. This is a one time filing that is good as long as the minister maintains good standing with their church. For questions see the clerk of the county court.


WISCONSIN

Any ordained clergyman of any religious denomination or society may perform marriages. Before performing marriages, ministers must file their credentials of ordination with the clerk of the circuit court in the county in which their church is located. The clerk will give the minister a certificate. Ministers must complete the marriage certificates and give one to the bride and one to the groom. The original must be returned to the register of deed's of the county in which the marriage was performed or if performed in a city, to the city health officer. This must be done within 3 days after the marriage. For questions see the clerk of the circuit court.


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.


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.




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