Tennessee § 36-3-301 - Persons who may solemnize marriages.

§ 36-3-301. Persons who may solemnize marriages.

All regular ministers, preachers, pastors, priests, rabbis and other spiritual leaders of every religious belief, more than eighteen (18) years of age, having the care of souls, and all members of the county legislative bodies, county mayors, judges, chancellors, former chancellors and former judges of this state, former county executives or county mayors of this state, former members of quarterly county courts or county commissions, the governor, the speaker of the senate and former speakers of the senate, the speaker of the house of representatives and former speakers of the house of representatives, members of the general assembly who have filed notice pursuant to subsection (l ), law enforcement chaplains duly appointed by the heads of authorized state and local law enforcement agencies, members of the legislative body of any municipality in this state, the county clerk of each county, former county clerks of this state who occupied the office of county clerk on or after July 1, 2014, and the mayor of any municipality in the state may solemnize the rite of matrimony. For the purposes of this section, the several judges of the United States courts, including United States magistrates, United States bankruptcy judges, and federal administrative law judges, who are citizens of Tennessee are deemed to be judges of this state. The amendments to this section by Acts 1987, ch. 336, which applied provisions of this section to certain former judges, do not apply to any judge who has been convicted of a felony or who has been removed from office. In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other religious group or organization; and such customs must provide for such ordination or designation by a considered, deliberate, and responsible act. Persons receiving online ordinations may not solemnize the rite of matrimony. If a marriage has been entered into by license issued pursuant to this chapter at which any minister officiated before July 1, 2019, the marriage must not be invalid because the requirements of the preceding subdivision (a)(2) have not been met. The traditional marriage rite of the Religious Society of Friends (Quakers), whereby the parties simply pledge their vows one to another in the presence of the congregation, constitutes an equally effective solemnization. Any gratuity received by a county mayor, county clerk, members of the county legislative body, or municipal mayor for the solemnization of a marriage, whether performed during or after such person's regular working hours, shall be retained by such person as personal remuneration for such services, in addition to any other sources of compensation such person might receive, and such gratuity shall not be paid into the county general fund or the treasury of such municipality. If any marriage has been entered into by license regularly issued at which a county mayor officiated prior to April 24, 1981, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state. For the purposes of this section, “retired judges of this state” is construed to include persons who served as judges of any municipal or county court in any county that has adopted a metropolitan form of government and persons who served as county judges (judges of the quarterly county court) prior to the 1978 constitutional amendments. If any marriage has been entered into by license regularly issued at which a retired judge of this state officiated prior to April 13, 1984, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state. If any marriage has been entered into by license issued pursuant to this chapter at which a judicial commissioner officiated prior to March 28, 1991, such marriage is valid and is declared to be in full compliance with the laws of this state. The judge of the general sessions court of any county, and any former judge of any general sessions court, may solemnize the rite of matrimony in any county of this state. Any marriage performed by any judge of the general sessions court in any county of this state before March 16, 1994, shall be valid and declared to be in full compliance with the laws of this state. All elected officials and former officials, who are authorized to solemnize the rite of matrimony pursuant to subsection (a), may solemnize the rite of matrimony in any county of this state. If any marriage has been entered into by license issued pursuant to this chapter at which a county mayor officiated outside such mayor's county prior to May 29, 1997, such marriage is valid and is declared to be in full compliance with the laws of this state. The judge of the municipal court of any municipality, whether elected or appointed, shall have the authority to solemnize the rite of matrimony in any county of the state. In order to solemnize the rite of matrimony pursuant to subdivision (a)(1), a member of the general assembly must first opt in by filing notice of the member's intention to solemnize the rite of matrimony with the office of vital records. Code 1858, § 2439 (deriv. Acts 1778, ch. 7, § 2; 1845-1846, ch. 145, § 7); Acts 1879, ch. 98, § 1; 1889, ch. 134, § 1; Shan., § 4189; Code 1932, § 8412; Acts 1949, ch. 251, § 4; C. Supp. 1950, § 8412; Acts 1970, ch. 440, § 1; 1973, ch. 66, § 3; impl. am. Acts 1978, ch. 934, § 7; Acts 1979, ch. 87, § 1; 1981, ch. 211, §§ 1, 2; 1983, ch. 331, §§ 1, 2; T.C.A. (orig. ed.), § 36-415; Acts 1984, ch. 516, § 1; 1987, ch. 146, § 1; 1987, ch. 336, §§ 4, 5; 1988, ch. 471, §§ 1, 2; 1991, ch. 86, § 1; 1992, ch. 911, § 1; 1993, ch. 50, § 1; 1994, ch. 619, § 1; 1995, ch. 94, § 1; 1995, ch. 128, § 1; 1997, ch. 295, §§ 1, 2; 1998, ch. 745, §§ 1, 2; 1999, ch. 526, § 1; 2003, ch. 90, § 2; 2003, ch. 376, § 3; 2005, ch. 21, § 1; 2012, ch. 677, § 1; 2014, ch. 747, § 1; 2015, ch. 159, § 1; 2017, ch. 288, § 1; 2019, ch. 415, §§ 1-4. Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated. Amendments. The 2017 amendment substituted “, United States bankruptcy judges, and federal administrative law judges” for “and United States bankruptcy judges” in the second sentence of (a)(1). The 2019 amendment by ch. 415, effective May 21, 2019, in (a)(1), substituted “members of the general assembly who have filed notice pursuant to subsection (l), law enforcement chaplains duly appointed by the heads of authorized state and local law enforcement agencies, members of the legislative body of any municipality in this state, the county clerk of each county” for “the county clerk of each county”; and added (l). The 2019 amendment by ch. 415, effective July 1, 2019, added the second sentence to (a)(2), and in (a)(3), substituted “a” for “any” preceding “marriage”, substituted “July 1, 2019, the” for “June 1, 1999, such”, substituted “must” for “shall”, and substituted “(a)(2)” for “(2)”. Effective Dates. Acts 2017, ch. 288, § 2. May 4, 2017. Acts 2019, ch. 415, § 5. May 21, 2019; July 1, 2019. Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Marriage, §§ 3, 5. Law Reviews. Domestic Relations — Void Marriages — Applicability of Estoppel Doctrine, 22 Tenn. L. Rev. 432 (1953). Attorney General Opinions. Validity of marriage performed by minister ordained by Universal Life Church, Inc., OAG 97-138, 1997 Tenn. AG LEXIS 171 (10/09/97). Authority of county clerks to examine qualifications of persons who solemnize marriages, OAG 97-139, 1997 Tenn. AG LEXIS 172 (10/09/97). Authority to solemnize marriages in any Tennessee county, OAG 98-049, 1998 Tenn. AG LEXIS 49 (2/23/98). Territory in which an appointed judge may solemnize marriages, OAG 99-048, 1999 Tenn. AG LEXIS 51 (3/2/99). An elected city judge may perform a marriage in any county in Tennessee, while an appointed city judge has authority to solemnize a marriage only within the city where the judge holds office, OAG 02-112, 2002 Tenn. AG LEXIS 116 (10/10/02). A federal administrative law judge does not have authority under this section to perform a marriage, OAG 04-147, 2004 Tenn. AG LEXIS 156 (9/02/04). A police chaplain who is not ordained as a minister, preacher, pastor, priest, rabbi or other spiritual leader of a religious belief does not have authority under this section to perform a marriage, OAG 04-157, 2004 Tenn. AG LEXIS 169 (10/25/04). A Jewish cantor who is not ordained does not have authority under T.C.A. § 36-3-301 to perform a marriage, OAG 07-122, 2007 Tenn. AG LEXIS 122 (8/16/07). T.C.A.§ 36-3-301(c) : legality of compensation for performing marriages. OAG 11-18, 2011 Tenn. AG LEXIS 20 (2/22/11). Authority of certain religious leaders to perform weddings. OAG 14-90, 2014 Tenn. AG LEXIS 93 (9/30/14). Qualifications of ministers who may solemnize weddings. OAG 15-14, 2015 Tenn. AG LEXIS 14 (2/6/15). A current or former elected official meeting the requirements of T.C.A. § 36-3-301(a) may not solemnize a wedding ceremony outside Tennessee when executing a license issued by a Tennessee county clerk. OAG 15-47, 2015 Tenn. AG LEXIS 50 (6/3/15). Prior to the enactment of Public Chapter 415, spiritual leaders who had received their ordinations online were authorized to solemnize marriages in Tennessee as long as they satisfied the requirements of T.C.A. § 36-3-301(a)(1) , (2). After the effective date of Public Chapter 415 (July 1, 2019), spiritual leaders who receive their ordinations online will no longer be among those individuals who are authorized to solemnize marriages in Tennessee. OAG 19-08, 2019 Tenn. AG LEXIS 7 (6/20/2019).