Attorney Generals: Wedding Officiants Or Legal Eagles Only?

Can an Attorney General Conduct Weddings?

In Texas, only certain persons may officiate a marriage ceremony. Texas Family Code Section 2.202 states who qualifies to perform weddings that are valid under Texas state law. These include:

- A licensed or ordained Christian minister or priest

- A person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony

- A current, former, or retired federal or state judge

Therefore, an attorney general can conduct weddings in Texas if they meet the above requirements.

Texas law outlines who can conduct a wedding ceremony

Texas law does not provide many details about the actual marriage ceremony and how it may be conducted. Instead, it focuses on the time periods within which certain things must be done. Once a couple obtains a marriage license, the law says the following about the ceremony itself:

• There is a 72-hour waiting period between the issuance of a marriage license and the ceremony, with certain exceptions.
• A marriage license expires if a ceremony isn't conducted before the 90th day after the license was issued.
• The officiant must determine whether the license has expired and is prohibited from conducting a ceremony if it is expired.
• Only certain people are authorized to conduct a marriage ceremony. These include:
• A licensed or ordained Christian minister or priest
• A Jewish rabbi
• A person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony
• A current, former, or retired federal judge or state judge

There is no requirement to have a wedding officiant’s license or to register as an officiant in Texas, but you must be qualified to conduct a marriage ceremony according to Texas law.

Only certain people are authorised to conduct a marriage ceremony

Marriage laws vary from state to state, and even county to county, in the US. In general, the person who can legally perform the marriage is one of several types of officiants: civil, professional, ordained, or religious.

In Texas, the following people are authorised to conduct a marriage ceremony:

• A licensed or ordained Christian minister or priest
• An officer of a religious organisation authorised to conduct marriage ceremonies
• A current, former, or retired federal or state judge

There is no requirement to have a wedding officiant's license or to register as an officiant in Texas. However, you must be qualified to conduct a marriage ceremony according to Texas law.

If an unauthorised person conducts the ceremony, the marriage is still valid if certain conditions are met:

• There was a reasonable appearance of authority by the officiant
• At least one party to the marriage participated in the ceremony in good faith and that party treats the marriage as valid
• Neither party was a minor prohibited from getting married by law
• Neither party committed bigamy under Texas Penal Code

If an unauthorised person knowingly officiates the ceremony, the offence is a Class A misdemeanour or a third-degree felony.

There is no requirement to have a wedding officiant's license or to register as an officiant

No Officiant License or Registration Required

In most states, there is no requirement to have a wedding officiant license or to register as an officiant. However, it's important to check the specific laws in the state and county where the wedding will take place, as requirements may vary.

Online Ordination

To perform a wedding ceremony, one option is to become ordained online through a non-denominational church or nonprofit organization. This process is often straightforward and usually involves filling out an application form. After acceptance, individuals receive credentials or a Minister ID number, officially recognizing them as ordained.

State and County Regulations

While some states allow individuals to perform marriages as soon as they are ordained, others may require ministers to register with a government office before the ceremony. This typically involves sending away for specific documentation and credentials. Therefore, it's essential to research the regulations in the relevant state and county to ensure compliance with all legal requirements.

Age Requirements

In addition, it's important to note that there may be age restrictions for officiants. For example, in Colorado, officiants must be at least 18 years old. Similarly, New York requires one-day marriage officiants to be over the age of 18.

Ceremony Preparation

Once ordained, officiants should familiarize themselves with the ceremony protocol, the standard order of service, vows, and musical cues. Meeting with the couple is crucial to understanding their preferences and scripting a personalized ceremony. Officiants should also be prepared to handle tasks like managing the rehearsal, filling out and filing the marriage license, and returning the completed license to the appropriate county office within the specified timeframe.

In summary, while there is generally no requirement for a wedding officiant license or registration, it's important to research and comply with the specific laws and regulations of the state and county where the wedding will take place. Online ordination can be a straightforward way to become recognized as an officiant, but it's essential to check and meet all legal requirements to ensure a seamless and memorable wedding experience.

A friend can officiate a wedding if they meet certain requirements

• The friend must be legally recognized as an officiant. This can be done by becoming ordained through non-denominational churches, nonprofit organizations, or online services.
• The friend must register with the state and/or local government where the wedding will take place. Some states require officiants to register with a specific government office, such as the county clerk

Texas law does not provide many details about the actual marriage ceremony

The 72-hour waiting period

Once a couple obtains a marriage license, there is a 72-hour waiting period before the ceremony can be conducted, with certain exceptions.

The 90-day expiry

A marriage license expires if a ceremony isn't conducted before the 90th day after the license was issued.

The officiant's role

The officiant must determine whether the license has expired and is prohibited from conducting a ceremony if it is expired.

Who can conduct the ceremony?

The following people are authorized to conduct a marriage ceremony:

• A licensed or ordained Christian minister or priest
• A person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony
• A current, former, or retired federal judge or state judge

There is no official registration for persons authorized to conduct a marriage ceremony. If they review the law and believe they can perform the ceremony, then they can perform the ceremony.

Returning the marriage license

Before returning the marriage license to the county clerk who issued it, the officiant must record on the license the date of the ceremony, the county where it was performed, and their personal information. It must be returned not later than the 30th day after the ceremony.

Proxy marriages

Proxy marriages are only available if the absent person is:

• A member of the U.S. armed forces
• Stationed in another country
• Unable to attend the ceremony

Frequently asked questions