Legal Awareness for the Wedding Officiant

Henry Reyenga

Welcome back to the Advanced Wedding Officiant class, or maybe even call it Wedding Officiant Practice.

Today we're going to talk about legal awareness.

When you are a wedding officiant, remember that you have two basic responsibilities when it comes to authority.

One, you speak with authority as a minister. If you take it to ordination as an ordained wedding officiant, ordained wedding minister, or ordained minister, that ordination is one authority. We call that ecclesiastical authority.

The word ecclesiastical means church authority.

The church, as given in Scripture—"where two or three are gathered in My name"—includes small churches, churches like those in Corinth, and biblical patterns that continue today. We have churches of all sizes: micro churches, family churches, community churches, and large churches.

So church authority is very important.

That's why a study-based program for wedding officiants is important. That's why an ordination program, where people in your community recognize your gifts, is important. That's why credentials matter. That's why you purchase credentials. That's why you put your ordination certificate on the wall. That's why you have an ID card.

All of that speaks to ecclesiastical authority.

There is another authority that a wedding officiant also represents, and that's the authority of the state.

You are an agent of the state to sign marriage certificates, perform wedding ceremonies, and participate in the institution of marriage within your state.

Even if you and the state do not agree on everything, you are a Christian wedding officiant serving under the authority of the state.

So when you pronounce a couple husband and wife, as it says in the Book of Romans that we are under authorities placed by God, a wedding officiant serves under that authority.

That does not mean you capitulate to things that violate your conscience. We talked about that earlier in this course.

So when you pronounce a couple husband and wife, you may say:

"By the authority vested in me as an ecclesiastical minister, ordained minister, and by the authority the state places in me as a wedding officiant, I now pronounce you husband and wife in the name of the Father, Son, and Holy Spirit."

Today, though, we're going to talk about legal awareness.

A wedding officiant not only stands in front of people with Scripture, vows, and blessings. The officiant is participating in a public ceremony that usually has civil requirements attached to it.

This means wedding ministers need legal awareness.

But legal awareness is not the same as legal expertise.

This course gives ministry training. It does not give legal advice.

This distinction matters.

A faithful wedding minister will know that marriage requirements vary by state, country, province, county, and municipality.

There may be different rules about solemnizing a marriage, where the license must be obtained, how it must be signed, how quickly it must be returned, whether witnesses are required, and whether a declaration of intent is required.

Never assume that what was true in one place is also true in another place.

Never assume that what was true for one wedding in one state applies exactly the same way in another state.

Now, I have seen this firsthand.

My wife and I went through every state law in the United States. Again, that does not make me a legal expert, but we have even put together and published state-by-state handbooks.

As I have gone through each state, I have been amazed at how every one of them is different in some way.

Some are radically different.

Some are somewhat similar.

But there are different requirements at the local level, different credential requirements, and different registration requirements.

I will tell you that they are different.

These handbooks showed me just how different each state can be.

Please verify marriage license requirements with the proper civil office where the wedding will take place.

Verify them.

I would even say this directly to the couple.

Never tell a couple, "Don't worry, I know the law," unless you have verified the actual requirements where the wedding will occur.

A better statement is:

"Please verify the marriage license requirements with the proper civil office where the wedding will take place."

This is a humble, wise, and protective statement.

For a one-time wedding officiant, this can feel stressful at first.

I would say put the responsibility on the couple.

"Hey, you're getting married here. Go down to the county clerk's office and check the specific legal requirements."

I know the requirements for my ordination and credentials, but you should verify the requirements for obtaining the marriage license.

Find out:

• How long before the wedding you need to apply.

• Who needs to appear.

• What identification is required.

• Who must sign the license.

At least know those requirements for yourself.

I've performed many weddings, and one thing I know is this: put responsibility for obtaining the license on the couple.

In fact, it is their responsibility.

Let them know that.

In my early years, I occasionally ran into situations where couples assumed I was going to go to the county clerk's office and obtain everything for them. They thought that was the officiant's responsibility.

It isn't.

These are just practical things that come to mind.

A month before the wedding, I always try to ask:

"Have you gotten your marriage license figured out?"

I've encountered situations, especially early on, where I did not emphasize this strongly enough.

The couple thought I was handling it.

Remind them.

Some states have waiting periods. Some will not issue a license until a certain time before the wedding.

Other places are very different.

For instance, Nevada allowed couples to obtain a marriage license immediately. It became something of an elopement capital because of that.

As a minister in your state, find out things such as waiting periods and other requirements so you can properly encourage the couple whose wedding you are performing.

In some ways, the legal side can seem daunting.

In other ways, it simply requires some research.

Get a handbook that addresses your state and learn how your state operates.

You will do just fine in your legal awareness.

Remember:

You are not an attorney.

You are not speaking for the law.

You are vested with authority to perform weddings, but that does not make you the legal authority.

You are a minister of the gospel, and you are vested by the state to perform a wedding within that state.