H.B. 186 Enrolled

NATIVE AMERICAN PERFORMANCE OF MARRIAGES
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Eli H. Anderson
AN ACT RELATING TO HUSBAND AND WIFE; AMENDING WHO MAY PERFORM
MARRIAGES; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-1-6, as last amended by Chapter 83, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-1-6 is amended to read:
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[, who are]; and
(ii) 18 years of age or older;
(b) Native American spiritual advisors;
[(b)] (c) the governor[,];
[(c)] (d) mayors of municipalities[,];
[(d)] (e) a justice, judge, or commissioner of a court of record [or];
[(e)] (f) a judge of a court not of record of the state [of Utah];
[(c)] (g) judges or magistrates of the United States;
[(d)] (h) the county clerk of any county in the state, if the clerk chooses to solemnize
marriages; [or]
[(e)] (i) the president of the Senate [or];
(j) the speaker of the House of Representatives[.]; or
[(2) A] (k) a judge or magistrate who holds office in Utah [may solemnize marriages]
when retired, under rules set by the Supreme Court.
[(3)] (2) A person authorized under Subsection (1) who solemnizes a marriage shall give

to the couple married a certificate of marriage [shall be given to the couple and shall show] that
shows the:
(a) name of the county from which the license is issued; and
(b) date of [its] the license's issuance.
[(4) In this section, "judge] (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[, or];
(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 [or];
(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.

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