Provided by the International Clergy Association, Monterey, California
Performing marriages is both enjoyable and satisfying. You need have no
hesitation as long as you follow the laws and procedures in your state. Our purpose
is to let you know, in general, the laws of your state and to let you know where
to go to get the necessary forms and information. Most states do not require a particular
kind of ceremony. They leave that to the church in question. Those states that have
requirements regarding the ceremony simply state that the bride and groom must say
to each other, in the presence of the minister and the witnesses, that they take
each other as husband and wife. The rest of the ceremony may be a traditional one
or may be made up by the couple and/or the minister.
Before you perform a
marriage ceremony, you must be sure that the couple has a valid marriage license.
Look at the license and any other papers that come with it to see what is required
of you. Usually all you have to do is complete the blank spaces on the marriage license
itself. There should be a space for the couple, the minister, and the witnesses to
sign. Also, you may be required to provide the couple with a marriage certificate.
When marriage certificates are required, they are usually provided with he marriage
license. You will probably be required to return the license and other papers to
the county clerk or other official within a certain number of days.
California
has a special law which allows an unmarried man and woman who have been "living
together as man and wife" to marry without a license or a blood test. If you
want to perform this type of marriage, you should tell the couple to go to the county
clerk's office and obtain form VS-123 which is called "Authorization and Certificate
of Confidential Marriage." There is a charge for the form of between $25 and
$30. Only persons who are at least 18 years old may be married in this manner. The
names of the couple married this way are not published in the "Vital Statistics"
section of the newspaper and copies of form VS-123 are only available to the couple
being married. Other people must have a court order to see the form or to obtain
a copy. (Of course, the couple may provide copies of the form to anyone they wish.)
The idea behind this is to provide a way for people who have been living together
to be married without the embarrassment of admitting in public that they were not
really married in the first place. This law was made in the 1800's! We do not know
of similar laws in other states.
In most states you are allowed to advertise
that you will perform marriages and you may usually charge any fee you feel is appropriate.
However, some states such as Kentucky forbid ministers to solicit marriages.
Many
people are interested in marrying themselves. If you want to do this, you will have
to check with the county clerk or other official who handles marriages to see if
this is permitted. If it is not, we suggest that you have a friend ordained and have
him or her attend the wedding and sign your papers. Your friend need only stand by
while you say your own vows or have any ceremony you feel is right.
The laws
of all states allow ministers to perform marriages. Nevertheless, we have compiled
the following summary of state marriage laws to let you know what you must do to
perform marriages in your state. Under each state we quote or paraphrase what the
law has to say about ministers who may perform marriages.
You will find that
many states say that "ordained or licensed ministers" may perform marriages.
Here "licensed" means licensed by the church. In addition to being ordained
and licensed by the church. some states require the minister to be registered with
the state or city before performing marriages. If such a state or city requirement
exists in your state, we will say so in the following summary. If there is no mention
of registration, probably none is required by your state. In the summary of state
laws. we also let you know what record keeping must be done after you perform a marriage
and we will tell you what official to see if you have other questions about performing
marriages.
We have spent many hours in the law library developing this information
and we have made every effort to be sure that what we have said is accurate. However,
we cannot be certain that we have not overlooked something. Also, laws change from
time to time and there could be changes of which we are not aware. Therefore, you
should verify this information with your county clerk. You might even want to go
to a local law library or even a regular public library and look up the law for yourself.
From
time to time a few places have made it difficult or impossible for "mail-order"
ministers to perform marriages. Our own feeling is that this is an unconstitutional
practice, but it would be expensive to institute a law suit to correct the matter.
Since a United States Circuit Court Judge has ruled in favor of "mail-order"
ministers, it should be clear to all that you are legally entitled to perform marriages.
If
you should have any difficulty. we would be interested in hearing about it.
ALABAMA
Any licensed minister of the gospel in regular communion with the
Christian church or society of which he is a member may perform marriages. Also,
marriages may be performed by the pastor of any religious society according to the
rules of the religious society.
Ministers must provide a certificate of the
marriage to the judge of probate within one month after the marriage.
For
questions see the clerk for the judge of probate.
ALASKA
The minister,
priest or rabbi of any church or congregation in the state may perform marriages.
Ministers must provide marriage certificates to the couple married and report the
marriage to the Marriage Commissioner.
For questions see the Marriage Commissioner.
ARIZONA
Any licensed or ordained clergyman may perform marriages.
Ministers must record the marriage on the marriage license and return it to the clerk
of the Superior Court within 20 days after the marriage.
For questions see
the clerk of the Superior Court.
ARKANSAS
Any regularly ordained
minister or priest of any religious sect or denomination may perform marriages.
Ministers must have their ordination credentials filed by the county clerk who will
then issue a certificate to the minister.
The marriage license must be completed
by the minister and returned to the county clerk within 60 days from the date the
license was issued. For questions see the county clerk.
CALIFORNIA
Any priest, minister, or rabbi of any religious denomination, of the age of 18 years
or over may perform marriages.
Ministers must complete the marriage license
and return it to the county clerk within 4 days after the marriage.
For questions
see the county clerk.
COLORADO
Marriages may be performed by any
minister.
Ministers must send a marriage certificate to the county clerk.
For questions see the county clerk.
CONNECTICUT
All ordained or licensed
clergymen belonging to this state or any other state may perform marriages as long
as they continue in the work of the ministry.
Marriage license must be completed
by the minister and returned to the city or town clerk.
For questions see
the city or town clerk.
DELAWARE
Any ordained minister of the gospel
and every minister in charge of a recognized church may perform marriages.
Ministers do not need to be licensed to perform marriages but they must report their
name and address to the local registrar in the district in which they live.
Ministers must keep the marriage license or a copy for at least one year. Also the
minister must, within 4 days, complete and return forms required by the State Board
of Health to the clerk of the peace.
For questions see the clerk of the peace.
FLORIDA
All regularly ordained ministers of the gospel in communion with
some church may perform marriages.
Ministers must complete a certificate
of marriage, on the marriage license and return it to the office from which it was
issued.
For questions see the county clerk.
GEORGIA
Any minister
who is authorized by his or her church may perform marriages.
Ministers must
complete a certificate of marriage and return it to the ordinary within 30 days after
the marriage.
For questions see the ordinary's clerk at the county courthouse.
HAWAII
Any minister may perform marriages if they are authorized by their
church to do so.
Ministers must obtain a license from the department of health
before performing marriages.
Ministers must keep a record of all marriages
they perform. Ministers must report all marriages they perform to the department
of health.
For questions see the department of health
IDAHO
Marriages may be performed by priests or ministers of the gospel of any denomination.
Ministers must give a marriage certificate to the bride and to the groom. Also, the
minister must complete the license and marriage certificate and return it to the
recorder who issued it within 30 days after the marriage.
For questions see
the county recorder.
ILLINOIS
Marriages may be performed by ministers
of the gospel in regular standing in the church or society to which they belong.
The marriage license and certificate must be completed by the minister and returned
to the county clerk within 30 days after the marriage.
For questions see
the county clerk.
INDIANA
Ministers of the gospel and priests of
every church throughout the state may perform marriages.
Ministers must return
the marriage license and a certificate of marriage to the clerk of the circuit court
within 3 months after the marriage.
For questions see the clerk of the circuit
court.
IOWA
Ministers of the gospel who are ordained by their church
may perform marriages.
Minister must give a certificate of marriage to the
bride and to the groom. Also, the minister must report the marriage to the clerk
of the district court within 15 days after the marriage.
For questions see
the clerk of the district court.
KANSAS
Any ordained clergyman of
any religious denomination or society may perform marriages.
Ministers are
required to file credentials of ordination with the judge of a probate court before
performing marriages.
Minister must return the marriage license and a certificate
of marriage to the probate judge who issued the marriage license within 10 days after
the marriage.
For questions see the clerk of the probate court.
KENTUCKY
Marriages may be performed by any minister of the gospel or priests of any denomination
with any religious society.
Ministers must be licensed before performing
marriages. See the local county clerk for a license.
Ministers must return
the marriage license and marriage certificate to the county clerk within 3 months
after the marriage. It is illegal to solicit marriages.
For questions see
the county clerk.
LOUISIANA
Ministers of the gospel or priests of
any denomination in regular communion with any religious society may perform marriages.
Ministers must register with the clerk of the district court of the parish or with
the health department if in New Orleans.
After performing a marriage, the
minister must complete a marriage certificate and return it to the clerk of the district
court.
For questions see the clerk of the district court.
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.
Minister 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
0rdained 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: The Commonwealth of Massachusetts, Office of the Secretary,
Supervisor, Commissions Division, State House, Boston, Massachusetts 02133. 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
A minister of the gospel who is
ordained or authorized by his or her church to perform marriages and who is a pastor
of a church in this state, or continues to preach the gospel in this state may perform
marriages.
Ministers must complete a marriage certificate and give one to
the couple.
Another marriage certificate must be returned to the county clerk
who issued the license within 10 days after the marriage.
For questions see
the county clerk.
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 file 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 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 gro
om 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 permission" 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
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.
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
Any ordained or licensed
minister of any religious society or congregation within this state may perform marriages.
Before performing a marriage. ministers must present their ordination credentials
to the probate judge of any county. The judge will provide the minister with a license
to perform marriages. The minister must then present his license to the probate judge
in any county in which he performs a marriage.
Ministers must send a certificate
of marriage to the probate judge of the county which issued the marriage license
within 30 days after the marriage.
For questions see the clerk of the probate
court.
OKLAHOMA
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.
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 the customs and usages 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
5 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 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
Ministers of any religious denomination
may perform marriages.
Before performing marriages, ministers must provide
proof of their ordination and proof that they are in regular communion with their
church to the circuit court of any county or city or to the corporation court of
any city in this state. The judge will then authorize the minister to perform marriages
provided the minister obtains a bond in the amount of 500 dollars.
Ministers
may receive a fee of no more than 10 dollars for performing a marriage.
Ministers
must complete the marriage certificate and return it to the clerk who issued the
marriage license within five days after the marriage.
For questions see the
clerk of the county circuit court or the clerk of the corporation 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.
WEST VIRGINIA
Any minister, priest or rabbi, over the age of eighteen years, may perform marriages.
Before performing marriages, ministers must provide proof of their ordination to
the clerk of any county court. The clerk will then provide the minister with an order
authorizing them to perform marriages.
Ministers must return the completed
marriage license to the county clerk who issued it on or before the fifth day of
the month following the marriage.
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 deeds 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.
Last Updated January 22, 1999