Before too much alarm is raised over this issue, it is well to remember that due to the second amendment, our government is rather relaxed about religious ceremonies, and this issue may not become a problem. To our knowledge, there has never been an Assembly marriage license that was not allowed to be filed by a government entity due to impropriety. Attorney Bob Anderson's reassuring comments on this issue are quoted here below.
But on the other hand, it is possible that a contested inheritance or divorce might turn up an irregularity in a marriage license, with unforeseen consequences. So we urge each couple married by a Leading Brother in the Assemblies to become familiar with the information presented below, to determine whether there are further steps that might be desirable in each individual case.
Generally, there are four components required by states to make a marriage legal: 1) obtaining a marriage license; 2) solemnizing the marriage by a recognized authority in the presence of witnesses; 3) filling out and signing the license; 4) filing the license with the appropriate government entity within the required period of time. A more specific summary of marriage laws by state is included at the end of this article.
To our knowledge there has not been a problem with the first or fourth requirements--licenses have been obtained and filed. It is the second and third component that seem to be in question in the case of Assembly marriages: Were Leading Brothers legally authorized to perform marriages? And were the licenses properly filled out? Each state has its own laws, so there aren't simple across-the-board answers. The matter is further complicated by the fact that the laws are vague in some states, and therefore subject to differing interpretations in different counties within the state.
In many states, the code recognizes any minister who is authorized by his church. Hawaii is an example. Other states require ordination, or licensure, and some require that the minister present proof at the county office before the ceremony. Some states, such as California, recognize that there are religious groups that do not believe in clergy, and make special provision for this. California requires that in such a case, either the Leading Brother be officially appointed as a deputy commissioner, or a special statement be attached to the license naming the religious group and stating that the marriage was conducted in accordance with the groups requirements. Refer to the California Family Code for further details.
Bob Anderson has this to say regarding California:
It is probable that most Leading brothers who conducted Assembly marriages in California did not technically comply with the requirements of Family Code Section 307, (but I don't think any of the leading brothers or the engaged couples would have had any problem complying with this stipulation). Each probably also technically committed a misdemeanor as set forth in Penal Code Section 360.The practical import probably doesn't amount to any significance. I doubt any police department or district attorney's office would have any interest in filing charges against former Leading brothers (or even current ones). Unless a party (either the man or woman) were to come into court and seek a nullity, as set forth in Family Code Section 309, for all intents and purposes the question will probably never come up regarding inheritance, community property or the legitimacy of children. Section 306 goes so far as to indicate it would take more than noncompliance with the statutes for a marriage to be invalid.
In fact, the courts treat "common law" marriages the same as the formal, traditional marriages, even though there's never any attempt to do anything other than live together and have children. You'd probably be surprised how many families consist of a man and woman with children who have never been in a wedding ceremony of any kind, yet are in many contexts considered "married."
I really don't think this is an issue that will come back to haunt anyone, and even believe if someone tried to make an issue of it, they'd eventually look silly, even in the eyes of those who hate George the most. That being said, if anyone is concerned about the status of their marriage, they simply need to comply with either Family Code Section 425 or 500, neither of which is a big deal.
Confusion arises because even though a major emphasis was made that we didn't believe in clergy, in practice we did have clergy. Elders and Leading Brothers were carefully selected and officially recognized by the group. These were the only people who were sanctioned by the group to perform weddings. This being the case, they had no problem representing to a government agency that they were qualified to solemnize marriages as clergy. However, the strong teaching denying clergy has raised problems in people's minds, as the following story illustrates.
The former Assembly member from California who alerted us to this issue told us of his own personal experience. He said,
"In our wedding, our parents were concerned about the legality of the ceremony, so my father went down to the county office to find out the details. It turns out that the Leading Brother who was performing our wedding had no authority to "solemnize" marriages. He had never at any time been down to the county to be sworn in or licensed to do so. Therefore, it is possible that marriages conducted by him in the past have no legal weight today. My father had himself sworn in on the spot. He signed our wedding license and made it legally binding."
In keeping with George Geftakys' loose relationship to the law, Leading Brothers were not instructed about the legal requirements of performing a marriage, beyond the necessity of obtaining a license. No attempt was made to reconcile the contradiction between what was taught and what was practiced about clergy. In California, this will probably not be a problem, but in states such as Virginia that require proof of ordination, additional steps might be advised.
Tom Maddux: Many years ago I was
asked to perform a marriage. I was concerned about the legality of doing
this so I looked into it. You are correct that the law reads:
"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."
Later this law was challenged on the basis that it forced everyone to
submit to a religious wedding. The courts in California agreed. The courts
broadened the definition of "minister" to mean anyone the the couple
regarded as a person of sufficient stature to perform the ceremony. The
one example that I remember was "the president of the local Ethical
Society."
After the marriage license was signed and witnessed I had to sign it and
mail it into the County Clerk's office. Next to my the place I was to sign
my name was a box that was labeled "Officiating Person's Title".
I left the box blank, signed my name, and mailed it in. About two weeks
later it was returned to me with a note telling me to put my title in the
box. I wrote "Brother" and sent it back.
About two weeks later it was returned again with another note telling me
that "Brother" was not allowed and write my proper title. I thought about
"Nothing" or "Nobody", but decided to ask George Geftakys.
GG told me to just write Minister or Reverend and be done with it. I did
so and mailed it in.
So, the Assembly had at least one Reverend.
Blessings,
Reverend Thomas Maddux. ;-)
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.
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 or 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. --- We were informed that there is no
requirement for ministers in this state. 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
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 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 a letter of good
standing 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
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. (According to the
county clerk, you must be a resident of Nevada to perform weddings
there.)
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 in the state of New York or at least a stated
meeting place for worship or any form of religious observance.
According to the City Clerk, filing ordination credentials in not
required. To be eligible to perform weddings, you must be
officially recognized by your (New York) parish to be able to perform
that function. No other proof of that authority is required.
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
You must request a license to perform a marriage in Ohio and can receive
one from the Office of the Secretary of State.
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. --- 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 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
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 unity 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 he
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 5 days after the marriages 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 court.
WEST VIRGINIA
Any minister, priest or rabbi, over the age of 18 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 him/her to perform
marriages. Ministers must then return the completed marriage license to
the county clerk who issued it on or before the 5th 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 on 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 to the groom
upon request and must return a certificate to the county clerk. For
questions see the county clerk.
NOTICE:
It is the legal
responsibility of the minister to comply with the laws of the respective
state in which the marriage is solemnized. If a minister is not required
to register his/her credentials in his/her state of residence and
desires to perform a marriage in a state, which requires registration,
it is the responsibility of the minister to be in accord with the
state’s law in which the marriage is to be solemnized.
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