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H.B. 186

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NATIVE AMERICAN PERFORMANCE OF MARRIAGES

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Eli H. Anderson

5    AN ACT RELATING TO HUSBAND AND WIFE; AMENDING WHO MAY PERFORM
6    MARRIAGES; AND MAKING TECHNICAL CORRECTIONS.
7    This act affects sections of Utah Code Annotated 1953 as follows:
8    AMENDS:
9         30-1-6, as last amended by Chapter 83, Laws of Utah 1996
10    Be it enacted by the Legislature of the state of Utah:
11        Section 1. Section 30-1-6 is amended to read:
12         30-1-6. Who may solemnize marriages -- Certificate.
13        (1) Marriages may be solemnized by the following persons only:
14        (a) ministers, rabbis, or priests of any religious denomination who are:
15        (i) in regular communion with any religious society[, who are]; and
16        (ii) 18 years of age or older;
17        (b) Native American spiritual advisors;
18        [(b)] (c) the governor[,];
19        [(c)] (d) mayors of municipalities[,];
20        [(d)] (e) a justice, judge, or commissioner of a court of record [or];
21        [(e)] (f) a judge of a court not of record of the state [of Utah];
22        [(c)] (g) judges or magistrates of the United States;
23        [(d)] (h) the county clerk of any county in the state, if the clerk chooses to solemnize
24    marriages; [or]
25        [(e)] (i) the president of the Senate [or];
26        (j) the speaker of the House of Representatives[.]; or
27        [(2) A] (k) a judge or magistrate who holds office in Utah [may solemnize marriages]


1    when retired, under rules set by the Supreme Court.
2        [(3)] (2) A person authorized under Subsection (1) who solemnizes a marriage shall give
3    to the couple married a certificate of marriage [shall be given to the couple and shall show] that
4    shows the:
5        (a) name of the county from which the license is issued; and
6        (b) date of [its] the license's issuance.
7        [(4) In this section, "judge] (3) As used in this section:
8        (a) "Judge or magistrate of the United States" means:
9        (i) a justice of the United States Supreme Court[,];
10        (ii) a judge of a court of appeals[,];
11        (iii) a judge of a district court[, or];
12        (iv) a judge of any court created by an act of Congress the judges of which are entitled to
13    hold office during good behavior[,];
14        (v) a judge of a bankruptcy court [or];
15        (vi) a judge of a tax court[,]; or
16        (vii) a United States magistrate.
17        (b) (i) "Native American spiritual advisor" means a person who:
18        (A) (I) leads, instructs, or facilitates a Native American religious ceremony or service; or
19        (II) provides religious counseling; and
20        (B) is recognized as a spiritual advisor by a Native American tribe.
21        (ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine person,
22    traditional religious practitioner, or holy man or woman.




Legislative Review Note
    as of 11-26-96 1:12 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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