ALJ's and a marriage ceremony

[counsel]

My understanding is that is depends on the state.

[semipa]

I too was asked to perform a marriage. Each state determines who can perform marriages in that state.

In my case the state was Illinois where one must be a judge of a court of record to perform marriages, so I had to tell my friend no.

[workdrone]

Marriage is a state law function, so unless your state law specifically authorizes Federal ALJs to certify marriage ceremonies, the answer is no.

[zero]

Consult your legal advisor in your legal advisor in your local jurisdiction. I expect she will tell you that no state specifically authorizes ALJs to perform ceremonies. The only possible exception would be a “common law marriage” state in which two parties simply declaring themselves to be married in front of any competent witness could establish the marriage. Even so, I expect the ALJ could not act as an officiator but only a witness (the difference being that judges can pocket a small fee for officiating a marriage).

[traceb]

You can always go get yourself ordained by the Universal Life Church and then file that with the Court Clerk. I did it just for kicks, didn't file it though. You can do it online, it's free, and you get a certificate suitable for framing.

[frisco]

California law permits anyone to apply for permission to become a Deputy Commissioner of Marriages. The grant of authority is for one day. Maybe other states have a similar law.

[jagghagg]

Alaska is the same as California.

[odarite]

I, too, was asked to perform a marriage in 2 different states. In State 1 I had to say no because the state statute was written in a way that only State court judges qualified. In State 2, however, the statute simply said a judge of competent jurisdiction, so it looked like I qualified. To be on the safe side, I called the County Clerk where the marriage certificate would have to be filed to be sure it would be accepted. She said "if we have to accept internet ministers, you are at least as well qualified". d**ned with faint praise, but I performed the wedding (and they are still together, so I guess I can do this.)

[privateatty]

Welcome back, odarite (sung to the tune of "Welcome Back Kotter")!

Funny what can motivate you to spend mucho dinero and compete with great lawyers...

[odarite]

Thanks, privateatty, it is good to be back. I have been a little busy, but since we seem to be gearing up for the next round, I am going to make some time for my friends on this board.

[lurker]

We were told by our HOCALJ on our first day that performing marriages is one of the nice perks of the job. I'm in NY and the state does require that you get some type of license to perform marriages, but ALJs are eligible to get the license.

[globalpanda]

Jan 3, 2009 13:41:37 GMT -5 deaddisco said:

So here is a new question for the board. Because I'm now a "judge," a friend of mine asked me to preside over her marriage ceremony.

Are ALJ's allowed to perform and preside over a marriage ceremony?

I am pretty sure the "Defense of Marriage Act" prevents that sort of thing.