30-1-6.   Who may solemnize marriages -- Certificate.
     (1) Marriages may be solemnized by the following persons only:
     (a) ministers, rabbis, or priests of any religious denomination who are:
     (i) in regular communion with any religious society; and
     (ii) 18 years of age or older;
     (b) Native American spiritual advisors;
     (c) the governor;
     (d) the lieutenant governor;
     (e) mayors of municipalities or county executives;
     (f) a justice, judge, or commissioner of a court of record;
     (g) a judge of a court not of record of the state;
     (h) judges or magistrates of the United States;
     (i) the county clerk of any county in the state, if the clerk chooses to solemnize marriages;
     (j) the president of the Senate;
     (k) the speaker of the House of Representatives; or
     (l) a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.
     (2) A person authorized under Subsection (1) who solemnizes a marriage shall give to the couple married a certificate of marriage that shows the:
     (a) name of the county from which the license is issued; and
     (b) date of the license's issuance.
     (3) As used in this section:
     (a) "Judge or magistrate of the United States" means:
     (i) a justice of the United States Supreme Court;
     (ii) a judge of a court of appeals;
     (iii) a judge of a district court;
     (iv) a judge of any court created by an act of Congress the judges of which are entitled to hold office during good behavior;
     (v) a judge of a bankruptcy court;
     (vi) a judge of a tax court; or
     (vii) a United States magistrate.
     (b) (i) "Native American spiritual advisor" means a person who:
     (A) (I) leads, instructs, or facilitates a Native American religious ceremony or service; or
     (II) provides religious counseling; and
     (B) is recognized as a spiritual advisor by a federally recognized Native American tribe.
     (ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine person, traditional religious practitioner, or holy man or woman.
     (4) Notwithstanding any other provision in law, no person authorized under Subsection (1) to solemnize a marriage may delegate or deputize another person to perform the function of solemnizing a marriage, except that only full-time employees of the office responsible for the issuance of marriage licenses may be deputized.

Amended by Chapter 296, 2009 General Session
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Last revised: Thursday, May 28, 2009