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You Be The Judge: The Performance of Marriage Ceremonies
Are pastors authorized to perform marriage ceremonies out of state?
Richard R. Hammar | posted 3/18/2009



You Be The Judge: The Performance of Marriage Ceremonies
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Pastor Brad is a youth pastor. He has been asked to perform a marriage for a friend in another state. He is honored by the request, and agrees to do so. As the date of the marriage approaches, someone asks Pastor Brad if he is legally authorized to perform a marriage in another state. Pastor Brad has never considered this question. It is too late for him to back out now. Has he made a mistake?

Take the quiz first, then read the article for all the details.

  • A youth pastor can perform a marriage in any state.
    True or False

  • Youth pastors are only legally authorized to perform marriages in their state of residence.
    True or False

  • A youth pastor is licensed, but not ordained. She is not legally authorized to perform a marriage for a former member of the youth group.
    True or False

  • Every state has enacted legislation prescribing various requirements that must be satisfied in order for a lawful marriage to occur. Youth pastors who perform marriages in violation of one or more of these conditions may face criminal penalties.
    True or False

  • Most states forbid a minister from performing a marriage unless the couple has obtained a marriage license.
    True or False

  • A youth pastor performs a marriage, but is not aware that state law requires that she complete a marriage certificate and return it to the government office that issues marriage licenses. The marriage is void.
    True or False

  • A youth pastor performs a marriage. The youth pastor assumes that he is authorized to do so, even though he is not ordained or licensed, since he is functioning as a minister. The couple assumes that he is legally authorized to perform the marriage. The marriage performed by the youth pastor is void.
    True or False

Ministers are legally authorized to perform marriage ceremonies in every state. There are, however, a number of legal issues with which youth pastors should be familiar. These issues are summarized in this lesson.

Am I a "minister" who is authorized to solemnize marriages?

State laws vary widely in defining those ministers who are authorized to perform marriages. Some states require that the minister be ordained; others require that the minister be either licensed or ordained; and others omit any specific reference to either licensure or ordination. Be sure to check your state law to be sure you meet the definition of a minister for purposes of performing marriage ceremonies. Your county recorder's office often can help. Some states require ministers to register with a government agency before they are authorized to perform marriage ceremonies. Prior to performing marriage ceremonies, ministers should know whether or not such a requirement exists.




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