Ministering Your Own Wedding: Is It Legal In Texas?

Texas law does not require wedding officiants to register with any government office. However, only certain people are authorized to conduct a marriage ceremony. 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, or a current, former, or retired federal or state judge.

Who can minister a wedding in Texas?

Texas law outlines who is authorized to conduct a marriage ceremony. According to the Texas Family Code Section 2.202, the following people are qualified to perform weddings that are valid under Texas state law:

• 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

Texas law does not require wedding officiants to register with any government office or hold an officiant's license. However, it is important to note that only certain persons may officiate a marriage ceremony, and performing a wedding without authorization is considered an offense.

Additionally, there are specific requirements that must be met for the marriage to be valid. These include obtaining a marriage license, a waiting period of at least 72 hours between the issuance of the license and the ceremony, and returning the completed license to the county clerk within 30 days after the wedding.

Do ministers need to register in Texas?

Texas law does not require ministers to register with any government office before performing a marriage. However, there are specific requirements that must be met for a minister to qualify to perform weddings in Texas.

According to Texas law, the following individuals are authorised to conduct a marriage ceremony:

• A licensed or ordained Christian minister or priest
• A Jewish rabbi
• A person who is an officer of a religious organisation and who is authorised by that organisation to conduct a marriage ceremony
• A current, former, or retired federal or state judge

While registration is not mandatory, it is advisable to keep personal records of official ministry credentials. Proof of ordination may be requested by the couple, government officials, or the wedding venue. This proof can be obtained through an ordination package from a religious organisation.

Additionally, ministers should be aware of other Texas laws regarding the marriage ceremony. There is a 72-hour waiting period between the issuance of a marriage license and the ceremony, and the license expires if the ceremony is not conducted within 90 days. The officiant must determine the validity of the license and is prohibited from conducting the ceremony if it has expired. Marriage by proxy is only available for active military members stationed in another country.

What are the requirements to get a marriage license in Texas?

To obtain a marriage license in Texas, you must be at least 18 years old—unless you have special approval from the court for an exception to the age restriction. You and your partner must go in person to the court to get the license, as you'll need to swear that the information you provide is true and accurate. False statements can lead to a Class A misdemeanour charge.

You'll need to provide a range of information about your relationship, including that you are not closer than second cousins. If either of you has a child support order, you must disclose whether you are up to date on payments. You must also reveal whether you are in another marriage or have gone through a divorce in the past 30 days. If you have a divorce in your past, it must have been at least 30 days since it was finalised for you to marry in Texas. You cannot get your marriage license prior to that point unless you have a court authorisation to waive the 30-day period.

You'll also need to provide a valid form of identification, such as a driver's license, a certified copy of your birth certificate, a U.S. passport, a military ID card, and your social security number. Fees for a marriage license vary from $72 to $88 and must be paid in cash. Once issued, your marriage license is valid for ceremonies performed anywhere within Texas for 90 days. There is a 72-hour waiting period between the issuance of a marriage license and the ceremony, with certain exceptions.

What are the steps to officiate a wedding in Texas?

Check you meet the requirements to become an officiant

To officiate a wedding in Texas, you must be a:

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

Get ordained online

You can become ordained online through platforms such as American Marriage Ministries. This is a simple, quick, and free process.

Check the marriage requirements of the county

Some counties need more than just marriage ordination. There are documents and materials you will need to provide as the wedding officiant. Contact the county clerk's office in the county where the ceremony will be held to find out what you will need to provide.

Prepare for the wedding

Familiarize yourself with the terms and conventions of wedding ceremonies. Write and rehearse a script until you're confident performing it. Meet and greet family members before the event begins and make yourself available to individuals with queries.

Perform the wedding

Your primary responsibility as a wedding officiant is to provide the best possible experience for the couple and guests.

Do the after-officiating responsibilities

In compliance with Texas marriage laws, file a completed marriage license with the state or county clerk's office, depending on where the couple lives. Do this right away, as marriage licenses expire after a certain time period. In addition to the signatures of the couple, the marriage license will typically require the signatures of multiple witnesses. The marriage becomes official once the paperwork has been completed correctly and returned to the appropriate party.

What are the penalties for an unauthorized person conducting a wedding in Texas?

Texas law states that only certain people are authorized to conduct a marriage ceremony. A person who is not authorized to officiate a wedding in Texas but does so anyway may face legal consequences.

According to Texas Family Code Section 2.202, the following individuals are permitted to officiate a wedding:

• 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

If an unauthorized person knowingly conducts a marriage ceremony, they may face penalties under Texas law. Texas Family Code Sections 2.202(c) and 2.202(d) outline the penalties for this offense. The specific penalty will depend on the circumstances of the case, but it is generally classified as a Class A misdemeanor or a third-degree felony.

It is important to note that Texas law focuses on the time periods within which certain things must be done regarding the marriage ceremony, rather than regulating what is said or done during the ceremony itself.

In addition, Texas law requires that the officiant of a wedding ceremony determines whether the marriage license is valid and not expired before conducting the ceremony. The officiant must also record specific information on the license, such as the date and location of the ceremony, and return it to the county clerk within a specified time frame. Failure to comply with these requirements may result in a misdemeanor offense punishable by a fine of $200 to $500.

Therefore, it is essential for individuals planning to officiate a wedding in Texas to ensure they are authorized to do so and are familiar with the relevant laws and requirements.

Frequently asked questions