Lyla Dejesus
Known as The Ocean State, Rhode Island is the smallest state in the country but boasts hundreds of miles of coastline, quaint towns, vineyards, farms, and historic houses, making it an ideal location for a wedding. The state has various laws and requirements for a legally binding wedding ceremony, including the presence of the couple and the officiant, two witnesses, and verbal consent from the couple. Here is an overview of what you need to know if you plan to tie the knot in Rhode Island.
| Characteristics | Values |
|---|---|
| Minimum age of couple | 18 |
| Minors | 16 or 17-year-olds may be granted a marriage license with written permission from a parent or legal guardian. |
| Minors under 16 | May be granted a marriage license with authorization by a judge following a referral to family court and an investigation by the Department of Human Services. |
| Marriage license validity | 3 months |
| Marriage license fee | $24 |
| Officiant | People 18 years or older who are state elected officials, administrators, clerks, justices, or magistrates, as well as ordained clergy in good standing. |
| Witnesses | At least 2 |
| Same-sex marriage | Allowed |
| Civil union | Legal union between two individuals of the same sex |
| Locations | Coastlines, beaches, coves, bays, quaint towns, vineyards, farms, and historic houses |
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What You'll Learn
Marriage license requirements
To obtain a marriage license in Rhode Island, couples must follow several requirements. Firstly, both parties must be at least 18 years old, as this is the legal age of consent for marriage in the state. However, minors aged 16 or 17 may be granted a marriage license with written permission from a parent or legal guardian. In rare cases, minors under 16 can obtain a license with judicial authorisation and an investigation by the Department of Human Services.
Secondly, the couple must not be related by blood, as Rhode Island law prohibits marriages between siblings, parents, grandparents, children, grandchildren, stepparents, grandparents' spouses, spouse's children, spouse's grandchildren, siblings' children, or parents' siblings.
Thirdly, the couple must apply for the license in person at the city or town clerk's office. If both parties reside in Rhode Island, they can apply in the city where either of them lives. If both are non-residents, they should apply in the community where the wedding will take place. A $24 fee is required to obtain the marriage license.
Additionally, both parties must provide photo identification and a birth certificate when applying. If either party was previously married or in a civil union, proof of divorce, legal separation, or the end of the previous relationship is required. This may include a certified copy of the divorce decree or a death certificate, depending on the circumstances.
Finally, the couple must choose their officiant before applying for the license, as it will be issued directly to the officiant. Rhode Island allows weddings to be presided over by state-elected officials, administrators, clerks, justices, magistrates, or ordained clergy who are at least 18 years old. The officiant must solemnize the marriage during the ceremony and ensure the couple verbally consents to the marriage, with at least two witnesses present.
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Who can officiate
In Rhode Island, weddings can be officiated by people aged 18 or older, including state-elected officials, administrators, clerks, justices, or magistrates, as well as ordained clergy in good standing. The officiant's personal beliefs or gender have no bearing on their eligibility to perform the ceremony. Rhode Island does not require officiants to be residents of the state.
A minister ordained online by the Universal Life Church can preside over a wedding in Rhode Island. They can prove their good standing by purchasing the Classic Wedding Package and a Letter of Good Standing to obtain the necessary documentation.
Ministers, elders, justices, or wardens can officiate weddings in Rhode Island. The state requires the presence of at least two witnesses in addition to the officiant during the wedding ceremony. Both members of the couple must verbally consent to the marriage, typically by saying "I do," followed by the officiant solemnizing the marriage.
After the ceremony, the officiant must fill out their portion of the license, including their title, the ordaining body, and their home address. The completed license and the Certificate Authorizing the Solemnization of Marriage must be returned to the City/Town Clerk's office that issued the license within 72 hours of the ceremony.
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Consent and witnesses
In the state of Rhode Island, both members of the couple must give their explicit consent to the marriage during the wedding ceremony. This is usually done by saying "I do". The officiant must then make a pronouncement solemnizing the marriage. All of this must be done in the presence of at least two witnesses, in addition to the officiant, and with all parties present at the same location.
The officiant could be a state-elected official, administrator, clerk, justice, magistrate, or ordained clergy in good standing. A minister ordained by the Universal Life Church can prove their good standing by purchasing the Classic Wedding Package and a Letter of Good Standing. The officiant's personal beliefs or gender have no bearing on their eligibility to perform the ceremony, and they do not need to be a resident of the state.
The witnesses must be at least 18 years old and cannot be related by blood to either member of the couple. The witnesses must be able to provide valid photo identification, such as a driver's license, passport, or state ID.
In the case of minors wishing to marry, a parent or guardian may consent to the marriage of a minor at least 16 years old. For minors younger than 16, authorization by a judge is required, following a referral to family court and an investigation by the Department of Human Services.
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Minors and marriage
In Rhode Island, the legal age of consent to enter into marriage is 18. However, the state does allow minors aged 16 or 17 to marry if they have written permission from a parent or legal guardian. For minors under the age of 16 to obtain a marriage license, it requires authorization by a judge following a referral to family court and an investigation by the Department of Human Services.
To obtain a marriage license, individuals must apply by presenting themselves in person to the city clerk in the community where the wedding will take place or where they reside. The process for minors is more complex and requires additional steps, such as obtaining written permission from a parent or legal guardian for 16 and 17-year-olds and judicial authorization for those under 16.
During the wedding ceremony, both members of the couple, regardless of their age, must express explicit consent to the marriage, typically by saying "I do." The officiant, who can be an ordained clergy member or specific state officials, then makes a pronouncement solemnizing the marriage in the presence of at least two witnesses. The officiant must also fill out the marriage license completely and accurately, including their title and home address.
After the ceremony, the officiant has a responsibility to return the completed marriage license to the issuing city or town clerk's office within 72 hours. If the license is not used within three months, it must be returned to the issuing office. These requirements ensure that weddings involving minors in Rhode Island comply with the law and are legally recognized.
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Same-sex marriage
The journey to legalizing same-sex marriage in Rhode Island was not without challenges. The topic was first debated in the 1990s but faced strong opposition from the Catholic Church, which holds considerable influence in the state as Rhode Island has the highest proportion of Catholic residents of any US state. Despite this, the state took a step forward in 2002 by allowing unregistered domestic partnerships that provided some legal benefits to same-sex couples. For instance, the surviving spouse in such a partnership could receive a death benefit, and partners could adjust their state taxes to reflect the costs of health insurance premiums and make decisions regarding their deceased partner's funeral arrangements.
In February 2007, Attorney General Patrick C. Lynch issued an opinion advising that same-sex marriages performed in Massachusetts be recognized in Rhode Island. He acknowledged that his interpretation did not carry the force of law but nonetheless represented a significant step forward. In December 2007, the Rhode Island Supreme Court held that the state's Family Court lacked jurisdiction over a divorce petition involving a same-sex couple married in Massachusetts.
The push for same-sex marriage legislation gained momentum in 2011 with the introduction of a bill to legalize civil unions. This bill passed the House of Representatives and the Senate, and Governor Lincoln Chafee signed it into law on July 2, 2011, taking effect retroactively from July 1, 2011. Civil unions provided almost all the rights and benefits of marriage under state law.
On January 3, 2013, Representative Arthur Handy and Senator Donna Nesselbush introduced legislation to legalize same-sex marriage. Despite opposition from religious figures like the Roman Catholic Bishop of Providence, the bill gained support from other religious leaders and the Rhode Island Council of Churches. The bill passed the House and the Senate with significant majorities and was signed into law by Governor Chafee on May 2, 2013, taking effect on August 1, 2013.
It is important to note that while same-sex marriage became legal in Rhode Island on August 1, 2013, same-sex couples could not access federal marriage benefits until the Defense of Marriage Act (DOMA) was struck down by the US Supreme Court on June 26, 2013.
Today, same-sex marriages in Rhode Island follow the same legal requirements as opposite-sex marriages. This includes the presence of two witnesses, verbal consent from both parties, and solemnization of the marriage by an officiant.
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Frequently asked questions
Yes, weddings are allowed in Rhode Island.
Both members of the couple must be at least 18 years old and must verbally consent during the ceremony, e.g. by saying "I do". There must be at least two witnesses present, as well as an officiant who is a state-elected official, administrator, clerk, justice, magistrate, or ordained clergy. The officiant must also make a pronouncement solemnizing the marriage.
Minors who are 16 or 17 years old may be granted a marriage license with written permission from a parent or legal guardian. For minors younger than 16, there will be an investigation by the Department of Human Services prior to the issuance of a license.
Marriage licenses are issued by the city or town clerk. Both residents and non-residents may apply for a marriage license, but the requirements differ slightly. Non-residents should apply in the county where the marriage will take place, while residents may apply in any county in the state. A valid photo ID and proof of residency (if applicable) are required for the application, and there is a $24 fee for the license.
Yes, Rhode Island grants marriages to same-sex couples and recognizes civil unions performed in other jurisdictions.
