Title 30 Chapter 1 Section 6

Husband and Wife
Section 6
Who may solemnize marriages -- Certificate.


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 employees of the office responsible for the issuance of marriage licenses may be deputized.

Amended by Chapter 132, 2010 General Session