30-1-6 Who may solemnize marriages -- Certificate
(1) Marriages may be solemnized by the following persons only:
(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, if the clerk chooses to solemnize marriages;
(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) (I) leads, instructs, or facilitates a Native American religious ceremony or service; or
(II) 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) 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, except that only employees of the office responsible for the issuance of marriage licenses may be deputized.
Title 30: Husband and Wife - Chapter 1: Marriage
Amended by Chapter 132, 2010 General Session