Persons other than ministers who may celebrate rites of marriage; filing of the marriage record. (HB863)

Introduced By

Del. Mark Levine (D-Alexandria)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Persons other than ministers who may celebrate rites of marriage; filing of the marriage record. Provides that a marriage license application shall allow parties to a marriage to designate an officiant to celebrate the rites of marriage, provided that such officiant is not younger than 18 years of age and is not a party to the marriage. The bill provides that a license issued with such designation shall serve as authorization for such officiant to celebrate the rites of marriage anywhere in the Commonwealth without the necessity of bond or further order of authorization. The bill removes the bond requirement for a person chosen by a religious society having no ordained minister to complete the certification of marriage. The bill further removes confinement in jail from the penalty for celebrating a marriage without a license. The bill also removes confinement in jail from the penalty for a clerk knowingly issuing a marriage license contrary to law. The bill further allows either the officiant or a party to the marriage to file the marriage record with the State Registrar within five days after the ceremony. Under current law, the officiant is required to file such a record, but a party to the marriage is not allowed to do so. Read the Bill »


Bill Has Failed


01/07/2020Prefiled and ordered printed; offered 01/08/20 20104581D
01/07/2020Referred to Committee for Courts of Justice
01/22/2020House committee, floor amendments and substitutes offered
01/22/2020Subcommittee recommends reporting with substitute (8-Y 0-N)
01/27/2020Impact statement from DPB (HB863)
01/27/2020Reported from Courts of Justice with substitute (20-Y 0-N) (see vote tally)
01/27/2020Committee substitute printed 20106249D-H1
01/29/2020Read first time
01/30/2020Read second time
01/30/2020Committee substitute agreed to 20106249D-H1
01/30/2020Engrossed by House - committee substitute HB863H1
01/31/2020Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/31/2020VOTE: Block Vote Passage (99-Y 0-N) (see vote tally)
02/03/2020Constitutional reading dispensed
02/03/2020Referred to Committee on the Judiciary
02/10/2020Impact statement from DPB (HB863H1)
03/02/2020Committee substitute printed to LIS only 20108942D-S1
03/02/2020Failed to report (defeated) in Judiciary (7-Y 7-N) (see vote tally)


Bryce Hall writes:

How will this affect court-appointed marriage commissioners? I have been officiating since 2009. Thank you.

Bryce Hall writes:

Correct email

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