Mass. Gen. Laws ch. 207, sec. 39 — MA Code / Part II / Title III / Chapter 207 / Section 39
Solemnization of marriage; justice or non-resident clergymen
Status: in_force

Section 39. The governor may in his discretion designate a justice of the peace in each town and such further number, not exceeding one for every five thousand inhabitants of a city or town, as he considers expedient, to solemnize marriages, and may for a cause at any time revoke such designation. The state secretary, upon payment of twenty-five dollars to him by a justice of the peace so designated, who is also a clerk or an assistant clerk of a city or town or upon the payment of fifty dollars by any other such justice, shall issue to him a certificate of such designation. The state secretary may authorize, subject to such conditions as he may determine, the solemnization of any specified marriage anywhere within the commonwealth by the following nonresidents: a minister of the gospel in good and regular standing with his church or denomination; a commissioned cantor or duly ordained rabbi of the Jewish faith; an authorized representative of a Spiritual Assembly of the Baha'is in accordance with the usage of their community; the Imam of the Orthodox Islamic religion; a duly ordained priest or minister of the Buddhist religion; a minister in fellowship with the Unitarian Universalist Association and ordained by a local church; a leader of an Ethical Culture Society which is recognized by the American Ethical Union and who is duly appointed and in good and regular standing with the American Ethical Union; a justice of a court or a justice of the peace authorized to solemnize a marriage by virtue of their office within their state of residence; and, it may be solemnized in a regular or special meeting for worship conducted by or under the oversight of a Friends or Quaker Monthly Meeting in accordance with the usage of their Society. A nonresident may solemnize a marriage according to the usage of any church or religious organization which shall have complied with the provisions of the second paragraph of section 38. A certificate of such authorization shall be issued by the state secretary and shall be attached to the certificate issued under section twenty-eight and filed with the appropriate city or town clerk. If one of the nonresidents enumerated above solemnizes a specified marriage anywhere within the commonwealth without having obtained a certificate under this section, the state secretary, upon application of such person, may issue a certificate validating such person's acts. The certificate of validation shall be filed with the certificate issued under section twenty-eight of chapter two hundred and seven. In addition to the foregoing, the governor may designate any other person to solemnize a particular marriage on a particular date and in a particular city or town, and may for cause at any time revoke such designation. The state secretary, upon the payment to the secretary of $25 for applications delivered by mail, facsimile or hand or $20 for applications submitted electronically, shall issue to said person a certificate of such designation. Such certificate shall expire upon completion of such solemnization.

Section 39. The governor may in his discretion designate a justice of the peace in each town and such further number, not exceeding one for every five thousand inhabitants of a city or town, as he considers expedient, to solemnize marriages, and may for a cause at any time revoke such designation. The state secretary, upon payment of twenty-five dollars to him by a justice of the peace so designated, who is also a clerk or an assistant clerk of a city or town or upon the payment of fifty dollars by any other such justice, shall issue to him a certificate of such designation.

The state secretary may authorize, subject to such conditions as he may determine, the solemnization of any specified marriage anywhere within the commonwealth by the following nonresidents: a minister of the gospel in good and regular standing with his church or denomination; a commissioned cantor or duly ordained rabbi of the Jewish faith; an authorized representative of a Spiritual Assembly of the Baha'is in accordance with the usage of their community; the Imam of the Orthodox Islamic religion; a duly ordained priest or minister of the Buddhist religion; a minister in fellowship with the Unitarian Universalist Association and ordained by a local church; a leader of an Ethical Culture Society which is recognized by the American Ethical Union and who is duly appointed and in good and regular standing with the American Ethical Union; a justice of a court or a justice of the peace authorized to solemnize a marriage by virtue of their office within their state of residence; and, it may be solemnized in a regular or special meeting for worship conducted by or under the oversight of a Friends or Quaker Monthly Meeting in accordance with the usage of their Society. A nonresident may solemnize a marriage according to the usage of any church or religious organization which shall have complied with the provisions of the second paragraph of section 38. A certificate of such authorization shall be issued by the state secretary and shall be attached to the certificate issued under section twenty-eight and filed with the appropriate city or town clerk. If one of the nonresidents enumerated above solemnizes a specified marriage anywhere within the commonwealth without having obtained a certificate under this section, the state secretary, upon application of such person, may issue a certificate validating such person's acts. The certificate of validation shall be filed with the certificate issued under section twenty-eight of chapter two hundred and seven.

In addition to the foregoing, the governor may designate any other person to solemnize a particular marriage on a particular date and in a particular city or town, and may for cause at any time revoke such designation. The state secretary, upon the payment to the secretary of $25 for applications delivered by mail, facsimile or hand or $20 for applications submitted electronically, shall issue to said person a certificate of such designation. Such certificate shall expire upon completion of such solemnization.