Who can perform a Wedding?

When you think about it, there are not that many big events in people’s lives. You can fall in love; move to a new city; graduate from school; have a child; and get married. Since marriage is one of those big life events, most people want their wedding to be memorable, and have special meaning in their lives. Both the giant church wedding with the string quartet, and the couple getting married in the middle of a skydive share that goal.

One way that some couples want to customize their wedding is their choice in who is to perform the ceremony. Their minister, a childhood preacher, or even a friend ordained over the Internet may make sense to a particular couple. However, it is important to choose a person who is authorized by the state of North Carolina to perform your wedding. According to the statutes of North Carolina , there are only two groups who can legally marry somebody in North Carolina. First, an ordained minister of any religious denomination (or a minister authorized by a church) can create a valid marriage. Second, if a person prefers to have a secular or non-religious ceremony, a magistrate judge can also create a valid marriage. Once the marriage has occurred, the law treats both the religious and secular marriages the same.  

I have lately seen advertisements for humanist, non-religious, “ministers” who promise to perform weddings focused on the couple, and not a deity. Can these people perform legally binding marriages in the state of North Carolina? Since they are not magistrates, appointed pursuant to the North Carolina General Statutes by a senior resident superior court judge they cannot perform a civil ceremony. Therefore, they cannot perform a civil wedding. That only leaves the religious wedding. While North Carolina allows a religious group to decide for themselves who is authorized to perform a wedding, (leaving room for ordinations over the Internet) there still has to be a religious denomination or church involved.  The problem is that if a person is advertising performing a wedding in the absence of religion, is he exercising on behalf of a denomination or faith group and is the “service” he is providing (which specifically calls out a lack of religion/faith) furthering the purpose and mission of the religious or faith based institution from which he draws his ordination? In my opinion the answer would be no. I would recommend that any couple wanting a non-religious wedding be married by a magistrate, and later, if they wish, conduct any humanist ceremony that they think is appropriate. If not, and the marriage is later found to be invalid, it could have serious effects regarding divorce, equitable distribution, inheritance rights of spouses, and other issues.

--Bradley A. Coxe is a practicing attorney in Wilmington, NC with Hodges & Coxe PC who specializes in Personal Injury, Medical Malpractice, Homeowner's Associations, Contract and Real Estate disputes and all forms of Civil Litigation.  Please contact him at (910) 772-1678.

 

Comments

[Sean Carter]

the answer to this was quite surprising to me, I never knew that you could easily get ordained through places like the Universal Life Church. I think its a good thing in this day and age. I have some friends who being able to get a friend ordained last minute really helped save them a lot of headaches

[Kasey]

I wanted to get further explanation on having a family member who has been internet ordained in Open Ministry, Universal Life Church Monastery, Spiritual Humanism, or the American Fellowship Church. Will persons ordained through one of these sites be Legally able to perform my ceremony in New Hanover County, NC? I've seen some information saying that certain areas of NC will only allow 'licensed minister' to legally perform a ceremony.

Thanks in advance!

[Bradley Coxe]

As in all states, North Carolina regulates by statute the formalities of the entry into marriage, including requirements surrounding which individuals may perform marriage ceremonies. Licensing statutes ensure a reliable system of record keeping for an objective proof of marriage, and have been regarded as having the added benefit of adding an air of sanctity to the marriage ceremony itself and amplifying the seriousness with which potential spouses enter into the union.

Pursuant to N.C. General Statute 51-1, a valid marriage must be solemnized in the presence of one of three persons: (1) an ordained minister of any religious denomination; (2) a minister authorized by his church; or (3) a magistrate. Section 51-1.1 of the statute specifically states that marriage performed by ministers of Universal Life Church, including those performed prior to the enactment of the statute, are validated in this state.

[Edward Stills]

How do you find out what online church ordaination is recognized by the state of North Carolina? I'm currently looking to become ordained by 'United National Ministry'.

Thanks!

[Bradley Coxe]

I'm not aware of any master list of recognized religions. If you are ordained by a religious group, that should be sufficient under the statutes.

[Clark Wright]

The statute says "Any marriages performed by ministers of the Universal Life Church prior to July 3, 1981,
are validated, unless they have been invalidated by a court of competent jurisdiction, provided
that all other requirements of law have been met and the marriages would have been valid if
performed by an official authorized by law to perform wedding ceremonies. (1981, c. 797.)" I am not a lawyer, but this sounds to me like marriages performed after this date by the ULC are not necessarily validated.

[Bradley Coxe]

That is a curative statute to retroactively allow marriages prior to that date to be validated. Its purpose is not to prevent ULC marriages after that date.

[A. Bill]

are judges or mayors authorized to perform a civil marriage ceremony in NC?

[Bradley Coxe]

No.

[anne]

If I am ordained by the American Marriage Ministries, can I legally perform weddings in NC?

[Bradley Coxe]

I'm not aware of any master list of recognized religions. If you are ordained by a religious group, that should be sufficient under the statutes.

[Tom Byrd]

Legally, there cannot be a "master list of recognized religions." The state is not legally competent to say what is a "legitimate" religion and what is not. Such a power would be a violation of the First Amendment.