1     
MARRIAGE SOLEMNIZATION AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Mike Winder

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to marriage solemnization.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the list of individuals authorized to solemnize a marriage to include the
13     state attorney general, the state treasurer, the state auditor, and members of the
14     state's congressional delegation; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          30-1-6, as last amended by Laws of Utah 2021, Chapter 151
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 30-1-6 is amended to read:
26          30-1-6. Who may solemnize marriages -- Certificate.
27          (1) As used in this section:
28          (a) "Judge or magistrate of the United States" means:
29          (i) a justice of the United States Supreme Court;
30          (ii) a judge of a court of appeals;
31          (iii) a judge of a district court;
32          (iv) a judge of any court created by an act of Congress, the judges of which are entitled
33     to hold office during good behavior;
34          (v) a judge of a bankruptcy court;
35          (vi) a judge of a tax court; or
36          (vii) a United States magistrate.
37          (b) (i) "Native American spiritual advisor" means an individual who:
38          (A) leads, instructs, or facilitates a Native American religious ceremony or service or
39     provides religious counseling; and
40          (B) is recognized as a spiritual advisor by a federally recognized Native American
41     tribe.
42          (ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine
43     person, traditional religious practitioner, or holy man or woman.
44          (2) The following individuals may solemnize a marriage:
45          (a) an individual 18 years old or older who is authorized by a religious denomination to
46     solemnize a marriage;
47          (b) a Native American spiritual advisor;
48          (c) the governor;
49          (d) the lieutenant governor;
50          (e) the state attorney general;
51          (f) the state treasurer;
52          (g) the state auditor;
53          [(e)] (h) a mayor of a municipality or county executive;
54          [(f)] (i) a justice, judge, or commissioner of a court of record;
55          [(g)] (j) a judge of a court not of record of the state;
56          [(h)] (k) a judge or magistrate of the United States;
57          [(i)] (l) the county clerk of any county in the state or the county clerk's designee as
58     authorized by Section 17-20-4;
59          [(j)] (m) a senator or representative of the Utah Legislature; [or]
60          (n) a member of the state's congressional delegation; or
61          [(k)] (o) a judge or magistrate who holds office in Utah when retired, under rules set by
62     the Supreme Court.
63          (3) An individual authorized under Subsection (2) who solemnizes a marriage shall
64     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          (4) Except for an individual described in Subsection [(2)(i)] (2)(l), an individual
68     described in Subsection (2) has discretion to solemnize a marriage.
69          (5) Except as provided in Section 17-20-4 and Subsection [(2)(i)] (2)(l), and
70     notwithstanding any other provision in law, no individual authorized under Subsection (2) to
71     solemnize a marriage may delegate or deputize another individual to perform the function of
72     solemnizing a marriage.