Who Can Conduct A Wedding In Virginia?

If you're planning to get married in Virginia, or you've been asked to perform a wedding ceremony in the state, there are a few things you should know. In Virginia, ministers must be at least 18 years old and need to present their credentials, including proof of ordination. While online ordination is widely accepted, Virginia is the only state in the U.S. that consistently refuses to recognize ULC ordinations. Some county clerks have refused to register ULC ministers, citing a letter from the Attorney General's office. However, this is not settled case law, and ministers have the right to perform marriages in the state. If you encounter difficulties, you can apply for a one-time civil ceremony authorization or contact a different county clerk, as successful registration with any county grants you the authority to perform weddings throughout Virginia.

Virginia law requires all marriage officiants to register with the government

However, this is not settled case law and, as defined by Virginia Code § 2.2-505, it carries no legal weight. County clerks do not have the authority to judge the validity of credentials or implement their interpretation of the law. It is worth noting that there are 95 counties in Virginia, and some county clerks will happily process applications to officiate weddings.

If you encounter a clerk who is refusing to process your application, you can attempt to register with a different county clerk. Successful registration with any county clerk gives you permission to officiate weddings anywhere in the state.

Officiants must register with a County Clerk's office

Officiant Registration in Virginia

Virginia law requires all marriage officiants to register with the government before officiating weddings. Officiant registration is done at the county level, and the application fee and registration requirements vary. The registration office is the Superior Court, and the approximate cost is $50. The processing time depends on the county, and it can be difficult to get approved by a clerk's office.

Since May 24, 2010, many county clerks in Virginia have systematically denied ministers ordained online the right to perform marriages. Some clerks cite a letter from an Opinions Counsel of the Attorney General's Office as justification for refusing to review applications from ministers ordained online. While this letter is not settled case law and carries no legal weight, it has made it challenging for some online-ordained ministers to register.

However, it's important to note that county clerks do not have the authority to judge the validity of credentials or implement their interpretation of the law. According to the religious non-establishment clause of the First Amendment, all ministers have the right to perform marriage in Virginia, regardless of how they were ordained.

The Registration Process

To register as a wedding officiant in Virginia, it is recommended to contact a few different clerks' offices to understand their specific registration procedures and their receptiveness to your registration. Once you know what is required of you, you can continue with the registration process by ordering your Virginia Minister Ordination Package, which includes official ministerial records and other relevant documents.

Where to Register

You are required to register with a county clerk's office before performing a marriage, but it does not have to be the same office that issues the marriage license to the couple. Successful registration with any county clerk grants you the authority to perform marriages anywhere in Virginia. This means that if you experience discrimination or resistance from one office, you can apply with a different county clerk's office. With 95 counties in Virginia, there are plenty of options available.

Virginia is the only state that consistently refuses to recognise ULC ordinations

Virginia's Non-Recognition of ULC Ordinations

The Universal Life Church (ULC) is a religious organization that offers online ordinations to individuals, allowing them to become licensed ministers. While ULC ordination is widely recognized across the United States, Virginia stands as the sole state that consistently refuses to acknowledge these ordinations for the purpose of performing marriages. This unique stance taken by Virginia creates an interesting scenario where ULC ministers, despite their recognition elsewhere, cannot legally solemnize weddings within the state.

The non-recognition policy in Virginia is rooted in specific state laws and interpretations thereof. Virginia Code §20-25 sets out the requirements for individuals to be authorized to perform marriages, and it explicitly mentions "ministers of any religious organization incorporated under the laws of the Commonwealth." This clause has been interpreted narrowly by Virginia courts and state officials, leading to the exclusion of ULC ministers. The state maintains that ULC, despite being a recognized religious organization, does not fall under the category of "incorporated under the laws of the Commonwealth."

This restrictive interpretation stands in contrast to the practices in other states. Many states have similar legal requirements for marriage solemnization but interpret them more broadly, recognizing ULC ordinations without issue. Virginia's stance creates a unique challenge for ULC ministers and couples seeking their services for weddings. It's important to note that this non-recognition extends beyond just performing marriages. ULC ministers in Virginia may also face challenges in other areas, such as hospital visitations or providing spiritual counsel in correctional facilities, where recognition as a legitimate clergy member is required.

The impact of Virginia's non-recognition policy is significant, especially for couples who wish to have a ULC minister officiate their wedding. Couples in Virginia who desire a ULC-officiated wedding must either look into alternative options, such as having their ceremony performed by a different type of officiant, or consider having their wedding in a neighboring state where ULC ordinations are recognized. This situation highlights the complex interplay between religious organizations, state laws, and the varying interpretations that can significantly impact personal choices and ceremonies.

The signed marriage license must be returned to the issuing office within 5 days of the ceremony

Once the wedding ceremony is complete, the officiant has one final responsibility: completing the marriage certificate. The certificate must include the date of the ceremony and the officiant's information, including their title, address, and the date the certificate is submitted. The officiant must use "minister" as their title and "Universal Life Church" as the ordaining body.

The signed marriage certificate must be returned to the issuing circuit court within five days of the ceremony. The clerk will then file and preserve the original certificate and make an index of the names of both parties. The clerk will also record the certificate, which will then serve as legal evidence of the marriage.

To ensure the marriage is legally recognised, it is imperative that the signed marriage certificate is returned within the deadline.

The couple does not need to be Virginia residents

Virginia is a popular wedding destination, offering world-class venues, stunning landscapes, and beautiful beaches. The state has a few requirements for couples looking to tie the knot.

Both resident and out-of-state couples may wed in Virginia. Couples can apply for marriage licenses at any circuit court in Virginia. Licenses cost $30 and are valid for 60 days from the date of issue. There is no waiting period between the time it is picked up and when the ceremony can be legally performed. The signed marriage license must be returned to the issuing office within 5 days of the ceremony.

Couples are free to marry in either civil or religious ceremonies. However, it is important to note that Virginia is the only state in the US that consistently refuses to recognize ULC ordinations. Some circuit court clerks have refused to register ULC ministers, citing an Opinions Counsel letter issued by the Attorney General's office in 2010. This letter states that circuit court clerks are not required to permit ministers ordained online to officiate weddings. Despite this, some circuit courts do allow ULC ministers to officiate weddings, and the state offers alternative solutions, such as a one-time civil ceremony authorization.

To apply for a marriage license in Virginia, both members of the couple must appear at the same time and present valid government-issued photo IDs. They will also need to provide other key information, including their parents' names, and may be asked for proof of divorce or a death certificate if previously married.

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