1     
MARRIAGE CODE REVISIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen G. Handy

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to marriage.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses incestuous marriages;
13          ▸     clarifies when marriages are prohibited and void;
14          ▸     replaces certain references to gender specific terms with gender neutral terms;
15          ▸     establishes who may solemnize a marriage;
16          ▸     addresses the content of a marriage license;
17          ▸     provides for an affidavit before the clerk; and
18          ▸     makes technical and conforming amendments.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          30-1-1, as last amended by Laws of Utah 1996, Chapter 83
26          30-1-2, as last amended by Laws of Utah 1999, Chapter 15
27          30-1-3, Utah Code Annotated 1953
28          30-1-6, as last amended by Laws of Utah 2015, Chapter 46
29          30-1-8, as last amended by Laws of Utah 2004, Chapter 261
30          30-1-9, as last amended by Laws of Utah 2018, Chapter 415
31          30-1-10, as last amended by Laws of Utah 2011, Chapter 297
32          30-1-12, as last amended by Laws of Utah 1988, Chapter 154
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 30-1-1 is amended to read:
36          30-1-1. Incestuous marriages void.
37           (1) The following marriages are incestuous and void from the beginning, whether the
38     relationship is legitimate or illegitimate:
39          (a) marriages between parents and children;
40          (b) marriages between ancestors and descendants of every degree;
41          (c) marriages between [brothers and sisters] siblings of the half as well as the whole
42     blood;
43          (d) marriages between:
44          (i) uncles and nieces or nephews; or
45          (ii) aunts and nieces or nephews;
46          (e) marriages between first cousins, except as provided in Subsection (2); or
47          (f) marriages between any [persons] individuals related to each other within and not
48     including the fifth degree of consanguinity computed according to the rules of the civil law,
49     except as provided in Subsection (2).
50          (2) First cousins may marry under the following circumstances:
51          (a) both parties are 65 years of age or older; or
52          (b) if both parties are 55 years of age or older, upon a finding by the district court,
53     located in the district in which either party resides, that either party is unable to reproduce.
54          Section 2. Section 30-1-2 is amended to read:
55          30-1-2. Marriages prohibited and void.
56          The following marriages are prohibited and declared void:
57          (1) when there is a [husband or wife] spouse living, from whom the person marrying
58     has not been divorced;
59          (2) when [the male or female] an applicant is under 18 years of age unless consent is
60     obtained as provided in Section 30-1-9;
61          (3) [when the male or female is under 14 years of age or, beginning May 3, 1999, when
62     the male or female] when an applicant is under 16 years of age at the time the parties attempt to
63     enter into the marriage[; however], except that exceptions may be made for a person 15 years
64     of age, under conditions set in accordance with Section 30-1-9; and
65          (4) between a divorced [person] individual and any [person] individual other than the
66     one from whom the divorce was secured until the divorce decree becomes absolute, and, if an
67     appeal is taken, until after the affirmance of the decree[; and].
68          [(5) between persons of the same sex.]
69          Section 3. Section 30-1-3 is amended to read:
70          30-1-3. Marriage in belief of death or divorce of former spouse -- Issue legitimate.
71          When a marriage is contracted in good faith and in the belief of the parties that a former
72     [husband or wife] spouse, then living and not legally divorced, is dead or legally divorced, the
73     issue of such marriage born or begotten before notice of the mistake shall be the legitimate
74     issue of both parties.
75          Section 4. Section 30-1-6 is amended to read:
76          30-1-6. Who may solemnize marriages -- Certificate.
77          (1) Except for a county clerk, or a county clerk's designee, as provided below, the
78     following [persons] individuals may solemnize a marriage at that [person's] individual's
79     discretion:
80          [(a) ministers, rabbis, or priests of any religious denomination who are:]
81          [(i) in regular communion with any religious society; and]
82          [(ii) 18 years of age or older;]
83          (a) an individual 18 years old or older who is authorized by a religious denomination to
84     solemnize a marriage;
85          (b) Native American spiritual advisors;
86          (c) the governor;
87          (d) the lieutenant governor;
88          (e) mayors of municipalities or county executives;
89          (f) a justice, judge, or commissioner of a court of record;
90          (g) a judge of a court not of record of the state;
91          (h) judges or magistrates of the United States;
92          (i) the county clerk of any county in the state or the county clerk's designee as
93     authorized by Section 17-20-4;
94          (j) the president of the Senate;
95          (k) the speaker of the House of Representatives; or
96          (l) a judge or magistrate who holds office in Utah when retired, under rules set by the
97     Supreme Court.
98          (2) [A person] An individual authorized under Subsection (1) who solemnizes a
99     marriage shall give to the couple married a certificate of marriage that shows the:
100          (a) name of the county from which the license is issued; and
101          (b) date of the license's issuance.
102          (3) As used in this section:
103          (a) "Judge or magistrate of the United States" means:
104          (i) a justice of the United States Supreme Court;
105          (ii) a judge of a court of appeals;
106          (iii) a judge of a district court;
107          (iv) a judge of any court created by an act of Congress the judges of which are entitled
108     to hold office during good behavior;
109          (v) a judge of a bankruptcy court;
110          (vi) a judge of a tax court; or
111          (vii) a United States magistrate.
112          (b) (i) "Native American spiritual advisor" means a person who:
113          (A) leads, instructs, or facilitates a Native American religious ceremony or service or
114     provides religious counseling; and
115          (B) is recognized as a spiritual advisor by a federally recognized Native American
116     tribe.
117          (ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine
118     person, traditional religious practitioner, or holy man or woman.
119          (4) Except as provided in Section 17-20-4, and notwithstanding any other provision in
120     law, no [person] individual authorized under Subsection (1) to solemnize a marriage may
121     delegate or deputize another [person] individual to perform the function of solemnizing a
122     marriage.
123          Section 5. Section 30-1-8 is amended to read:
124          30-1-8. Application for license -- Contents.
125          (1) A county clerk may issue a marriage license [may be issued by the county clerk to a
126     man and a woman] only after an application has been filed in [his] the county clerk's office,
127     requiring the following information:
128          (a) the full names of the [man and the woman] applicants, including the maiden or
129     bachelor name [of the woman] of each applicant;
130          (b) the [Social Security] social security numbers of the [parties, unless the party]
131     applicants, unless an applicant has not been assigned a number;
132          (c) the current address of each [party] applicant;
133          (d) the date and place of birth [(]town or city, county, state or country, if possible[)];
134          (e) the names of [their] the applicants' respective parents, including the maiden name
135     of the mother; and
136          (f) the birthplaces of [fathers and mothers (] the applicants' respective parents,
137     including the town or city, county, state or country, if possible[); and].
138          [(g) the distinctive race or nationality of each of the parents.]
139          [(2) If the woman is a widow, her maiden name shall be shown in brackets.]
140          [(3)] (2) If one or both of the [parties] applicants is under 16 years of age, the clerk
141     shall provide them with a standard petition on a form approved by the Judicial Council to be
142     presented to the juvenile court to obtain the authorization required by Section 30-1-9.
143          [(4)] (3) (a) The [Social Security] social security numbers obtained under the authority
144     of this section may not be recorded on the marriage license, and are not open to inspection as a
145     part of the vital statistics files.
146          (b) The Department of Health, Bureau of Vital Records and Health Statistics shall,
147     upon request, supply those [Social Security] social security numbers to the Office of Recovery
148     Services within the Department of Human Services.
149          (c) The Office of Recovery Services may not use any [Social Security] social security
150     numbers obtained under the authority of this section for any reason other than the
151     administration of child support services.
152          Section 6. Section 30-1-9 is amended to read:
153          30-1-9. Marriage by minors -- Consent of parent or guardian -- Juvenile court
154     authorization.
155          (1) For purposes of this section, "minor" means [a male or female] an applicant for a
156     marriage license under 18 years of age.
157          (2) (a) If at the time of applying for a license the applicant is a minor, and not before
158     the minor is married, a license may not be issued without the signed consent of the minor's
159     [father, mother,] parent or guardian given in person to the clerk[; however], except that:
160          (i) if the parents of the minor are divorced, consent shall be given by the parent having
161     legal custody of the minor as evidenced by an oath of affirmation to the clerk;
162          (ii) if the parents of the minor are divorced and have been awarded joint custody of the
163     minor, consent shall be given by the parent having physical custody of the minor the majority
164     of the time as evidenced by an oath of affirmation to the clerk; or
165          (iii) if the minor is not in the custody of a parent, the legal guardian shall provide the
166     consent and provide proof of guardianship by court order as well as an oath of affirmation.
167          (b) If the [male or female] applicant is 15 years of age, the minor and the parent or
168     guardian of the minor shall obtain a written authorization to marry from:
169          (i) a judge of the court exercising juvenile jurisdiction in the county where either party
170     to the marriage resides; or
171          (ii) a court commissioner as permitted by rule of the Judicial Council.
172          (3) (a) Before issuing written authorization for a minor to marry, the judge or court
173     commissioner shall determine:
174          (i) that the minor is entering into the marriage voluntarily; and
175          (ii) the marriage is in the best interests of the minor under the circumstances.
176          (b) The judge or court commissioner shall require that both parties to the marriage
177     complete premarital counseling. This requirement may be waived if premarital counseling is
178     not reasonably available.
179          (c) The judge or court commissioner may require:
180          (i) that the [person] minor continue to attend school, unless excused under Section
181     53G-6-204; and
182          (ii) any other conditions that the court deems reasonable under the circumstances.
183          (4) The determination required in Subsection (3) shall be made on the record. Any
184     inquiry conducted by the judge or commissioner may be conducted in chambers.
185          Section 7. Section 30-1-10 is amended to read:
186          30-1-10. Affidavit before the clerk -- Penalty.
187          (1) [When the parties are personally unknown to the clerk a license may not be issued]
188     A clerk may not issue a license until an affidavit is made before the clerk, which shall be filed
189     and preserved by the clerk, by a party applying for the license, showing that there is no lawful
190     reason in the way of the marriage.
191          (2) A party who makes an affidavit described in Subsection (1) or a subscribing
192     witness to the affidavit who falsely swears in the affidavit is guilty of perjury.
193          Section 8. Section 30-1-12 is amended to read:
194          30-1-12. Clerk to file license and certificate.
195          (1) The license, together with the certificate of the [person] individual officiating at the
196     marriage, shall be filed and preserved by the clerk, and shall be recorded by [him] the clerk in a
197     book kept for that purpose, or by electronic means. The record shall be properly indexed in the
198     names of the parties so married.
199          (2) A transcript shall be promptly certified and transmitted by the clerk to the state
200     registrar of vital statistics.