Current with legislation effective through 3/21/2024
Section 30-1-6 - Who may solemnize marriages - Certificate(1) 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 an individual 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.(2) The following individuals may solemnize a marriage: (a) an individual 18 years old or older who is authorized by a religious denomination to solemnize a marriage;(b) a Native American spiritual advisor;(d) the lieutenant governor;(e) the state attorney general;(h) a mayor of a municipality or county executive;(i) a justice, judge, or commissioner of a court of record;(j) a judge of a court not of record of the state;(k) a judge or magistrate of the United States;(l) the county clerk of any county in the state or the county clerk's designee as authorized by Section 17-20-4;(m) a senator or representative of the Utah Legislature;(n) a member of the state's congressional delegation; or(o) a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.(3) An individual authorized under Subsection (2) 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.(4) Except for an individual described in Subsection (2)(l), an individual described in Subsection (2) has discretion to solemnize a marriage.(5) Except as provided in Section 17-20-4 and Subsection (2)(l), and notwithstanding any other provision in law, no individual authorized under Subsection (2) to solemnize a marriage may delegate or deputize another individual to perform the function of solemnizing a marriage.Amended by Chapter 444, 2022 General Session ,§ 1, eff. 5/4/2022.Amended by Chapter 151, 2021 General Session ,§ 1, eff. 5/5/2021.Amended by Chapter 317, 2019 General Session ,§ 4, eff. 5/14/2019.Amended by Chapter 46, 2015 General Session ,§ 2, eff. 5/12/2015.Amended by Chapter 132, 2010 General Session