Solemnization of marriage; eliminating government oversight of religious rites. (HB1115)

Introduced By

Del. David Englin (D-Alexandria)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Solemnization of marriage; eliminating government oversight of religious rites of marriage. Establishes a consistent procedure for the solemnization of marriages in the Commonwealth; protects against government intrusion in the religious rites of marriage and eliminates the need for judicial decisions about who is a "minister;" decriminalizes the unlicensed celebration of the religious rite or sacrament of marriage where no legal recognition is sought or implied. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/11/2012Committee
01/11/2012Prefiled and ordered printed; offered 01/11/12 12104018D
01/11/2012Referred to Committee for Courts of Justice
01/17/2012Assigned Courts sub: #2 Civil
01/30/2012Subcommittee recommends no action
02/14/2012Left in Courts of Justice

Comments

Rick Sincere writes:

I like the general thrust of this bill but am unsure about the provision that says a court may authorize a person to solemnize marriages. It gives no criteria as to whom the court might authorize. Is there some case law that provides guidance here?

els writes:

I asked a noted legal scholar about the issue of state entanglement with religious practice through investing religious ministers with powers over civil marriage. I proposed that many people might find excellent qualities in their hair dresser - someone who listens and cares through their service roles, who understands many of the person's concerns and joys, who has known the person for a while, who has helped the person through stages of life (dressing hair for a funeral, a job interview, a birthday a special event, etc - and might like to have their hairdresser solemnize a marriage. The scholar did not disagree.