Opinion
45761 Record No. 870039
September 23, 1988
Present: All the Justices
An order denying a Quaker clerk's application for authority to celebrate marriages is reversed, and the case remanded for entry of an order authorizing him to celebrate marriages in Virginia because he met the definition of "minister" under Code Sec. 20-23.
Domestic Relations — Marriage — Authorization to Celebrate (Code Sec. 20-23.
Plaintiff was duly selected Clerk of the Alexandria Meeting, which is affiliated with a long-established Quaker organization. He was selected in accordance with Quaker discipline, and he alone serves in the position of Clerk, the group's designated administrative office. He performs ministerial duties in meetings for worship and meetings for business. The Quaker discipline provides for marriage of its members under the care of the Meeting. Plaintiff applied to the circuit court for authority to celebrate marriages under Code Sec. 20-23, which provides for the licensing of ministers to celebrate marriages without the requirement of a bond. The court found that appellant did not qualify for licensing under that section, and denied the application. This appeal follows.
1. Code Sec. 20-23 applies to "ministers" who make proof of "ordination" and of being in "regular communion" with a religious society, but such ministry need not be a full-time vocation. Cramer v. Commonwealth, 214 Va. 561, 202 S.E.2d 911, cert. denied, 419 U.S. 875 (1974).
2. Under Code Sec. 20-23 a "minister" is one who is set apart as the head of a religious congregation, society or order according to the ritual, bylaws or discipline of the selecting group.
3. The Clerk meets the definition of a "minister" who has furnished "proof of ordination and of being in regular communion with the religious society of which he is a reputed member" within the meaning of Code Sec. 20-23, as construed in Cramer. Hence the order appealed from is reversed and the cause is reversed for entry of an appropriate order authorizing plaintiff to celebrate marriages in Virginia.
Appeal from a judgment of the Circuit Court of Fairfax County. Hon. Thomas J. Middleton, judge presiding.
Reversed and remanded.
Peter Karpoff for appellant.
This appeal presents the question whether the regularly selected Clerk of a Quaker Meeting may qualify as a "minister" pursuant to Code Sec. 20-23 for the purpose of celebrating marriages.
The appellant's ex parte application states the facts as follows. The Alexandria Monthly Meeting of the Religious Society of Friends is affiliated with the Baltimore Yearly Meeting, an organization of Quakers established in 1672. Jack Ginsburg was duly selected Clerk by the membership of the Alexandria Meeting in accordance with Quaker discipline. He serves as the sole incumbent of that position. The Clerk of a Friends Meeting is its designated administrative official. Ginsburg meets with the members of the Meeting for weekly worship and "performs such ministerial duties in meeting for worship and meeting for business as are consistent with Quaker discipline." Quaker discipline provides for "marriage of members of the Meeting under the care of the Meeting."
Mr. Ginsburg applied to the circuit court for authority to celebrate marriages under Code Sec. 20-23, which provides for the licensing of ministers to celebrate marriages without the requirement of bond. The court determined that he did not qualify for licensing under that section and denied the application. Thereafter, Mr. Ginsburg obtained authority to celebrate marriages under Code Sec. 20-26, which requires a $500 bond with surety. He posted a property bond but appealed the denial of his original application.
Code Sec. 20-23: When a minister of any religious denomination shall produce before the circuit court of any county or city in this State, or before the judge of such court or before the clerk of such court at any time, proof of his ordination and of his being in regular communion with the religious society of which he is a reputed member, or proof that he holds a local minister's license and is serving as a regularly appointed pastor in his denomination, such court, or the judge thereof, or the clerk of such court at any time, may make an order authorizing such minister to celebrate the rites of matrimony in this State. Any order made under this section may be rescinded at any time by the court or by the judge thereof.
Code Sec. 20-26: Marriages between persons belonging to any religious society which has no ordained minister, may be solemnized by the persons and in the manner prescribed by and practiced in any such society. One person chosen by the society shall be responsible for completing the certification of marriage in the same manner as a minister or other person authorized to perform marriages: such person chosen by the society for this purpose shall be required to execute a bond in the penalty of $500, with surety.
On appeal, Mr. Ginsburg argues that he is a "minister" within the meaning of Code Sec. 20-23, but that if this Court should hold otherwise, then the statutory scheme which requires a bond as a prerequisite to the licensing of a Quaker Clerk to celebrate marriages, while dispensing with that requirement in the case of ecclesiastically ordained ministers, would violate the establishment clauses of Va. Const. art. I Sec. 16 and U.S.C.onst. amend. I. Because we agree with his primary contention, we do not reach the constitutional issues he raises.
[1-2] We construed Code Sec. 20-23 in Cramer v. Commonwealth, 214 Va. 561, 202 S.E.2d 911, cert. denied, 419 U.S. 875 (1974). There, we noted that the statute applies to "ministers" who make proof of "ordination" and of being in "regular communion" with a religious society. Id. at 563, 202 S.E.2d at 913. We held, however, that the term "minister" applies to those for whom ministry is less than a full-time vocation, and that the terms "ordination" and "communion" are not used in the ecclesiastical sense, because the state has no concern with the religious aspect of the marriage ceremony. Id. at 564-65, 202 S.E.2d at 913-14. We noted that the word "ordain" is subject to such definitions as "appoint," "arrange," "order," "manage," and "to establish by appointment." We noted further that the word "communion" is subject to such definitions as "mutual participation," "joint or common action," and "a function performed jointly." Id. at 565, 202 S.E.2d at 914. We did, in Cramer, define a "minister," as the term is used in Code Sec. 20-23, as one who "is the head of a religious congregation, society or order. He is set apart as the leader. He is the person elected or selected in accordance with the ritual, bylaws or discipline of the order." Id. at 567, 202 S.E.2d at 915.
We hold that Mr. Ginsburg meets the definition of a "minister" who has furnished "proof of his ordination and of his being in regular communion with the religious society of which he is a reputed member," within the meaning of Code Sec. 20-23, as we construed it in Cramer. Accordingly, we will reverse the order appealed from and remand the case for the entry of an appropriate order authorizing the appellant to celebrate marriages in Virginia pursuant to Code Sec. 20-23.
Reversed and remanded.