2015 Utah Code
Title 30 - Husband and Wife
Chapter 1 - Marriage
Section 6 - Who may solemnize marriages -- Certificate.

Effective 5/12/2015
30-1-6. Who may solemnize marriages -- Certificate.

• (1) Except for a county clerk, or a county clerk's designee, as provided below, the following persons may solemnize a marriage at that person's discretion:
  • (a) ministers, rabbis, or priests of any religious denomination who are:
    • (i) in regular communion with any religious society; and
    • (ii) 18 years of age or older;
  • (b) Native American spiritual advisors;
  • (c) the governor;
  • (d) the lieutenant governor;
  • (e) mayors of municipalities or county executives;
  • (f) a justice, judge, or commissioner of a court of record;
  • (g) a judge of a court not of record of the state;
  • (h) judges or magistrates of the United States;
  • (i) the county clerk of any county in the state or the county clerk's designee as authorized by Section 17-20-4;
  • (j) the president of the Senate;
  • (k) the speaker of the House of Representatives; or
  • (l) a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.

• (2) A person authorized under Subsection (1) who solemnizes a marriage shall give to the couple married a certificate of marriage that shows the:
  • (a) name of the county from which the license is issued; and
  • (b) date of the license's issuance.

• (3) As used in this section:
  • (a) "Judge or magistrate of the United States" means:
    • (i) a justice of the United States Supreme Court;
    • (ii) a judge of a court of appeals;
    • (iii) a judge of a district court;
    • (iv) a judge of any court created by an act of Congress the judges of which are entitled to hold office during good behavior;
    • (v) a judge of a bankruptcy court;
    • (vi) a judge of a tax court; or
    • (vii) a United States magistrate.
  • (b)
    • (i) "Native American spiritual advisor" means a person who:
      • (A) leads, instructs, or facilitates a Native American religious ceremony or service or provides religious counseling; and
      • (B) is recognized as a spiritual advisor by a federally recognized Native American tribe.
    • (ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine person, traditional religious practitioner, or holy man or woman.

• (4) Except as provided in Section 17-20-4, and notwithstanding any other provision in law, no person authorized under Subsection (1) to solemnize a marriage may delegate or deputize another person to perform the function of solemnizing a marriage.

Amended by Chapter 46, 2015 General Session