S.B. 157 Enrolled

AUTHORIZATION TO PERFORM MARRIAGES
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Carlene M. Walker

LONG TITLE
General Description:
This bill clarifies those who are authorized to solemnize a marriage may not delegate or
deputize other persons to solemnize a marriage.
Highlighted Provisions:
This bill:
. prohibits persons authorized to solemnize a marriage from delegating or deputizing
other persons to solemnize a marriage.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
30-1-6, as last amended by Chapter 2, Laws of Utah 1997

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; and
(ii) 18 years of age or older;
(b) Native American spiritual advisors;

(c) the governor;
(d) mayors of municipalities or county executives;
(e) a justice, judge, or commissioner of a court of record;
(f) a judge of a court not of record of the state;
(g) judges or magistrates of the United States;
(h) the county clerk of any county in the state, if the clerk chooses to solemnize
marriages;
(i) the president of the Senate;
(j) the speaker of the House of Representatives; or
(k) 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

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(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.

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