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To the Reeves Hall
I am starting this section with information available on the World Wide Web. More detailed procedural information will follow as I have time to make phone calls or write postal mail. In the meantime, I am keeping my notes here so you can use them when the project is underway.
I am not a lawyer. This information is presented to give you an idea of what is involved in your jurisdiction and to help you get started with whatever process is required. If it matters, get authorized legal advice.
If a member of your "religious society" is already registered as a minister qualified to perform weddings, you fill out an application, get the already-registered person to sign as "endorser", pay $35, and you're in. Application is available by fax-back from 202-879-4840.
If your "society" does not already have a minister registered in DC, then you have to assemble (I'm summarizing from the official information handout):
"The following documentation has been found by many judges of this court to be sufficient evidence of affiliation with a religious society to support the granting of an authorization to perform marriage ceremonies in the District of Columbia."
For more information, you can call (202) 879-4850.
"A marriage, solemnized before any known inhabitant of the State professing to be a justice, judge, justice of the peace or notary public, or an ordained or licensed minister of the gospel, is not void, nor is its validity affected by any want of jurisdiction or authority in the justice, judge, justice of the peace, notary or minister or by any omission or informality in entering the intention of marriage, if the marriage is in other respects lawful and consummated with a full belief, on the part of either of the persons married, that they are lawfully married." (Title 19A § 657)
Whether a resident or nonresident of this State and whether or not a citizen of the United States:
"Every person authorized to unite persons in marriage shall make and keep a record of every marriage solemnized by that person in conformity with the forms and instructions prescribed by the State Registrar of Vital Statistics ..." (Title 19A § 654)
"A person who solemnizes a marriage when not authorized to do so under section 655 commits a civil violation for which a forfeiture not to exceed $100 for each offense may be adjudged. Forfeitures collected must be distributed to the municipality in which the offense occurred." (Title 19A § 659)
In Maryland, any adult can sign as clergy, as long as those who are getting married agree that he is clergy. The celebrant doesn't have to be a resident, register in advance, or fulfil any other requirements.
In New Jersey, "[various government officials] and every minister of every religion, are hereby authorized to solemnize marriage between such persons as may lawfully enter into the matrimonial relation; and every religious society, institution or organization in this State may join together in marriage such persons according to the rules and customs of the society, institution or organization." It is a misdemeanor for someone not so authorized to "solemnize" a marriage and it is a misdemeanor for someone who is authorized to perform a marriage without the presentation of a license. (Title 37:1-13,15)
I do not find any reference in New Jersey statute to what you could call "good faith validation". That implies that there is some required process to become a "authorized", but I haven't found it yet.
It seems that the license is actually supposed to be sent directly to the clergyman: "Before a marriage can be lawfully performed in this state, the persons intending to be married shall obtain a marriage license from the licensing officer and deliver it to the person who is to officiate, but if the marriage is to be performed by or before any religious society, institution or organization, the license shall be delivered to such religious society, institution or organization, or any officer thereof." (Title 37:1-2)
A clergyman is also permitted to do "work of a psychological nature consistent with the accepted standards of their respective professions" and "work of a marriage and family therapy nature, ... , when acting within the scope of the person's profession or occupation and doing work consistent with the person's training". (Title 45:14B-8, 8B-8)
Important Note: The City of New York has significantly different laws and procedures from the rest of the state. See "New York City" below.
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:
Ship captains are not authorized to perform marriage ceremonies in New York State.
I quote from an official NYC handbook on the Domestic Relations Law (I don't have the complete cite because the clerk there just faxed me a couple of pages.) Whatever it is, turn to p. 89. À/Í À/ÍC11:2 (subdivision 1) permits a clergyman or minister of any religion to solemnize marriages. "Clergyman or minister" includes a duly authorized pastor, rector, priest, or rabbi. It also includes any other person having authority from, or in accordance with, the rules and regulations of the governing ecclesiastical body of the denomination or order, if any, to which the church belongs. Persons who otherwise have authority from the church or synagogue to preside over and direct the spiritual affairs of the church or synagogue are likewise included. DRL § 11 (subd. 7): Religious Corporations Law§ 2. The statute explicitly recognizes the solemnization authority of certain leaders of Ethical Culture Societies. DRL§ 11 (subd 1)
While the state may act to prevent marriages being solemnized by mere philanderers purporting to officiate under the guise of a pseudo-religious faith, it may not interdict marriage ceremonies having a reverent character performed by a person having ecclesiastical sanction. O'Neal v. Hubbard, 180 Misc. 40 N.Y.S.2d 202 (Sup.Ct. Kings County 1943) (holding unconstitutional statutory provision limiting solemnization to ministers affiliated with religions listed in a federal census of religious bodies).
To have authority to solemnize marriages, there is no requirement that the church, synagogue, or other religious congregation over which the clergyman presides by affiliated with any denomination or order. Nor is there any requirement that clergy have received formal sanctioning authority from a governing board of a denomination or order or from the church, synagogue, or congregation itself. Matter of Silverstein's Estate, 190 Misc. 745, 75 N.Y.S.2d 144 (Surr.Ct.Bronx County 1947). This, where the proof showed that the clergyman who performed the marriage ceremony had regularly conducted services in a synagogue attended by some twenty-five congregants, the court found that there was sufficient evidence that the clergyman was recognized by his congregants as their spiritual leader. In re Silverstein's Estate, supra.
The liberality in construction is stretched to the breaking point where the officiating clergyman appears to be a mere philanderer professing a pseudo-religious faith. In Ravenal v. Ravenal, 72 Misc.2d 100, 338 N.Y.S.2d 324 (Sup.Ct.N.Y.County 1972), at issue was the validity of a marriage purportedly solemnized by a person who obtained his minister's credentials by mail, who did not preside over an actual church or religious organization, whose beliefs did not provide for any form of worship or religious service, and whose accrediting organization professed a willingness to ordain anyone for a modest free will offering. The court concluded that, under these circumstances, the person who performed the ceremony could not be properly viewed, even with the benefit of a liberal construction, as a clergyman or minister of a religion. The Ravenal case represents an extreme situation where the person who purported to solemnize the marriage lacked, at least to the court's mind, any of the objective manifestations of attributes generally associated with ministers or clergy. The court appears to have been convinced that the solemnizing officer was a charlatan, claiming ecclesiastical authority by virtue of a mail order ordination granted by a corporate entity that would ordain all comers. Where the parties to the marriage and the person who solemnized the marriage belong to, or ascribe to, a genuine religious faith, then the authority of the officiating person must be recognized.
The question of genuineness of religious faith is tested by objective criteria such as the regularity of worship and the existence of tenets or principles. The subjective values of the particular religion or faith are irrelevant, no matter how unconventional or no matter how unschooled in theology the clergyman appears to be.
Marriages among people of denominations who have a particular mode or manner of solemnizing marriages may be solemnized in the manner used and practice by their denomination. DRL§ 2.
Now I quote from another mystery document that appears to be the regulations or statutes controlling the City Clerk. (It might be Title 51--City Clerk.) I think that this is page "15293 RCNY 6-30-91"
§ 3-06 Marriage Officiant Registration. Pursuant to § 11-B of the Domestic Relations Law, the Office of the City Clerk will accept the registration of officiants to perform wedding ceremonies within the city of New York upon presentation of documentary proof of authority as outlined below.
(a) In the case of clergy, the person wishing to register (hereafter "the registrant") must comply with one of the following:
(1) In cases where the denomination publishes a directory of its clergy, the registrant may show that he or she is listed in that directory. If the registrant's name does not yet appear in the denominational directory, the registrant claiming membership in that denomination may instead present written confirmation for that membership from the body that puts out the directory. Such confirmation can also consist of a certificate or letter showing that the registrant graduated from the seminary or theological school pertaining to the denomination.
(2) In cases where the denomination does not have such a directory, the registrant must show several pieces of documentary proof of authority. First, the registrant must present an ordination certificate accompanied, if necessary, by an English translation thereof. Ordination certificates issued by the Universal Life Church or its affiliates are not acceptable as evidence of clerical authority based on Ranieri v. Ranieri, New York Law Journal, March 27, 1989. Ravenal v. Ravenal, 72 Misc.2d 100, 338 N.Y.S.2d 324 (Sup.Ct.N.Y.County 1972). In lieu of an ordination certificate, the registrant must present a "license to minister" or a letter of appointment from his or her religious body, i.e. from its hierarch or its board of trustees. Second, the registrant must present a letter from his or her local congregation verifying that he or she is the pastor or associate pastor of that congregation, and that the congregation therefore consents to the registering of that individual. Lastly, if the church is incorporated, the registrant must present a copy of the articles of incorporation. If the church is not incorporated, the registrant must submit a statement as to the location of the house of worship, the reason for its founding, the number of trustees, the approximate size of its congregation, and how often it meets.
(3) In cases where the registrant belongs to a denomination that does not have a directory and does not grant certificates of ordination or licenses to minister, the registrant must present a letter stating that he or she is the recognized spiritual leader of a congregation, and that the congregation therefore consents to the registering of that individual. The registrant must also submit a statement as to the location of the house of worship, the reason for its founding, the number of trustees, the approximate size of its congregation, and how often it meets.
(b) In the case of judges [...]
Caveat Emptor. I got this information from http://members.aol.com/lcorncalen/CLERGYST.htm and have not checked it out for myself yet.
To have legally recognized clergy status in Ohio, one must have ordination papers from a church recognized in Ohio.
Contact the Ohio Secretary of State at 30 E. Broad St., 14th Floor; Columbus, OH 43266-0418. Request the application for a minister's license. When you receive it, send the completed form, a photocopy of your ordination certificate, and a $10 check or money order to the above address. This will take 2-3 weeks.
By Ohio Law, licensed clergy must report suspected child or elder abuse to authorities, as well as follow State laws when marrying couples. A summary of the laws is provided at licensure. This license makes chaplaincy status at hospitals, etc. easier to obtain.
Thanks to Alissa Sorenson for this information.
Oklahoma statutes provide for clergy who are not licensed therapists to give certain kinds of counseling. Clergymen may also visit prisoners. The law also provides a right to confidential communications with a clergyman acting in his professional capacity. In this state, the confidentiality belongs the communicant, not in the clergyman.
Constitution of Oklahoma: Article I § 2. Religious Liberty -- Polygamous or plural marriages. Perfect toleration of religious sentiment shall be secured, and no inhabitant of the State shall ever be molested in person or property on account of his or her mode of religious worship; and no religious test shall be required for the exercise of civil or political rights. Polygamous or plural marriages are forever prohibited.
Title 43 § 7 Solemnization of marriages. A. All marriages must be contracted by a formal ceremony performed or solemnized in the presence of at least two adult, competent persons as witnesses, by a judge or retired judge of any court of record in this state, or an ordained or authorized preacher or minister of the Gospel, priest or other ecclesiastical dignitary of any denomination who has been duly ordained or authorized by the church to which he belongs to preach the Gospel, or a rabbi and who is at least eighteen (18) years of age. The preacher, minister, priest, rabbi or ecclesiastical dignitary who is a resident of this state shall have filed, in the office of the court clerk of the county in which he resides, a copy of his credentials or authority from his church or synagogue authorizing him to solemnize marriages. The preacher, minister, priest, rabbi or ecclesiastical dignitary who is not a resident of this state, but has complied with the laws of the state of which he is a resident, shall have filed once, in the office of the court clerk of the county in which he intends to perform or solemnize a marriage, a copy of his credentials or authority from his church or synagogue authorizing him to solemnize marriages. Such filing by resident or nonresident preachers, ministers, priests, rabbis or ecclesiastical dignitaries shall be effective in and for all counties of this state; provided, that no fee shall be charged for such recording; but no person herein authorized to perform or solemnize the marriage ceremony shall do so unless the license issued therefor be first delivered into his possession nor unless he has good reason to believe the persons presenting themselves before him for marriage are the identical persons named in the license, and for whose marriage the name was issued, and that there is no legal objection or impediment to such marriage.
B. Marriages between persons belonging to the society called Friends, or Quakers, the spiritual assembly of the Baha'Is, or The Church of Jesus Christ of Latter Day Saints, which have no ordained minister, may be solemnized by the persons and in the manner prescribed by and practiced in any such society, church or assembly.
Title 43 § 8 Endorsement and return of license. The person performing or solemnizing the marriage ceremony shall immediately upon the completion thereof endorse upon the license authorizing the marriage his name; official or clerical designation; the court of which he is judge or the congregation or body of which he is pastor, preacher, minister, priest, rabbi or dignitary, provided, that the authority to perform or solemnize marriages shall be coextensive with the congregation or body of which he is pastor, preacher, minister, priest, rabbi or dignitary; the town or city and county where the same is located; and signed by him with his official or clerical designation. The witnesses to the ceremony shall endorse the license authorizing the marriage with their names and post office addresses. The license with such certificate thereon shall be transmitted without delay to the judge or the court clerk who issued the same. Provided that all marriages solemnized among the society called Friends, or Quakers, the spiritual assembly of the Baha'Is, or the Church of Jesus Christ of Latter Day Saints, in the form heretofore practiced and in use in their meetings shall be good and valid. One person chosen by such society, church or assembly shall be responsible for completing the certification of marriage pursuant to this title in the same manner as a minister or other person authorized to perform marriages. Such person shall be chosen by the society, church or assembly for this purpose.
Cliff Raeder, Godhi for the Thrudheim Kindred of East Tennessee gave me the following information. I haven't double-checked it yet.
State, province, or other jurisdiction
As far as I know, it's a state licensure.
What activities require "clergy" (e.g. wedding)
Weddings and Funerals for sure, not clear on other activities.
What activities "clergy" gets to do (e.g. jail visit)
Again, this is really unclear under Tennessee Law. Some minister friends of mine have visits in hospitals, etc. but I'm not sure about what the law exactly states (I.e. I'm don't think a "confession" made to a priest must be upheld as strongly as attorney-client priveledge, etc.)
What does "clergy" mean there?
As far as I can tell, "Clergy" is very ambiguous. One woman was certified "Clergy" after she showed the court officials her "Doctorate of Metaphysics", which she conveniently paid $20 for and answered three multiple choice questions.
How do you get certified as "clergy" there?
To get certified as Clergy, you have to submit to the county courthouse a statement from your denomination or congregation saying that you are a confirmed or ordained minister. Then you have to file a certain Tax form, and fill out a questionnaire, which costs I believe around $300. Of course, then you have to figure out how you are taxed, which is a headache, I understand, unless you hire a bookkeeper and keep immaculate records.
The procedure in Virginia is less well defined. According to the official in Arlington County, you bring (in person) your "certificate of ordination", a photo ID, and $16 the Clerk's office of any Circuit Court. Then the clerk will ask you "some questions" about things like whether or not you have a congregation in Virginia, how many members, and whether your group is recognized as a religious group by the IRS. Then either the clerk will register you or buck the problem up to a judge. Nonresidents are eligible.
VA-resident non-clergy can sign up for a one-time permit to celebrate a wedding. Apply in person at the Clerk's office of any Circuit Court.
Last Modified 5 November 1998.
Comments to Manny Olds,
oldsma@pobox.com