1     
MARRIAGE AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Craig Hall

5     
Senate Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill changes who may solemnize a marriage.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that all senators and representatives of the Utah Legislature may solemnize
13     a marriage; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          30-1-6, as last amended by Laws of Utah 2019, Chapter 317
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 30-1-6 is amended to read:
25          30-1-6. Who may solemnize marriages -- Certificate.
26          (1) As used in this section:
27          (a) "Judge or magistrate of the United States" means:
28          (i) a justice of the United States Supreme Court;
29          (ii) a judge of a court of appeals;
30          (iii) a judge of a district court;
31          (iv) a judge of any court created by an act of Congress, the judges of which are entitled
32     to hold office during good behavior;
33          (v) a judge of a bankruptcy court;
34          (vi) a judge of a tax court; or
35          (vii) a United States magistrate.
36          (b) (i) "Native American spiritual advisor" means an individual who:
37          (A) leads, instructs, or facilitates a Native American religious ceremony or service or
38     provides religious counseling; and
39          (B) is recognized as a spiritual advisor by a federally recognized Native American
40     tribe.
41          (ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine
42     person, traditional religious practitioner, or holy man or woman.
43          [(1) Except for a county clerk, or a county clerk's designee, as provided below, the]
44          (2) The following individuals may solemnize a marriage [at that individual's
45     discretion]:
46          (a) an individual 18 years old or older who is authorized by a religious denomination to
47     solemnize a marriage;
48          (b) a Native American spiritual [advisors] advisor;
49          (c) the governor;
50          (d) the lieutenant governor;
51          (e) [mayors of municipalities or county executives] a mayor of a municipality or county
52     executive;
53          (f) a justice, judge, or commissioner of a court of record;
54          (g) a judge of a court not of record of the state;
55          (h) [judges or magistrates] a judge or magistrate of the United States;
56          (i) the county clerk of any county in the state or the county clerk's designee as
57     authorized by Section 17-20-4;
58          [(j) the president of the Senate;]
59          [(k) the speaker of the House of Representatives; or]
60          (j) a senator or representative of the Utah Legislature; or
61          [(l)] (k) a judge or magistrate who holds office in Utah when retired, under rules set by
62     the Supreme Court.
63          [(2)] (3) An individual authorized under Subsection [(1)] (2) who solemnizes a
64     marriage shall give to the couple married a certificate of marriage that shows the:
65          (a) name of the county from which the license is issued; and
66          (b) date of the license's issuance.
67          [(3) As used in this section:]
68          [(a) "Judge or magistrate of the United States" means:]
69          [(i) a justice of the United States Supreme Court;]
70          [(ii) a judge of a court of appeals;]
71          [(iii) a judge of a district court;]
72          [(iv) a judge of any court created by an act of Congress the judges of which are entitled
73     to hold office during good behavior;]
74          [(v) a judge of a bankruptcy court;]
75          [(vi) a judge of a tax court; or]
76          [(vii) a United States magistrate.]
77          [(b) (i) "Native American spiritual advisor" means a person who:]
78          [(A) leads, instructs, or facilitates a Native American religious ceremony or service or
79     provides religious counseling; and]
80          [(B) is recognized as a spiritual advisor by a federally recognized Native American
81     tribe.]
82          [(ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine
83     person, traditional religious practitioner, or holy man or woman.]
84          (4) Except for an individual described in Subsection (2)(i), an individual described in
85     Subsection (2) has discretion to solemnize a marriage.
86          [(4)] (5) Except as provided in Section 17-20-4 and Subsection (2)(i), and
87     notwithstanding any other provision in law, no individual authorized under Subsection [(1)] (2)
88     to solemnize a marriage may delegate or deputize another individual to perform the function of
89     solemnizing a marriage.