NY Dom Rel L § 11 (2021)
2021 New York Laws DOM - Domestic Relations Article 3 - Solemnization, Proof and Effect of Marriage 11 - By Whom a Marriage Must Be Solemnized.

§  11.  By  whom  a  marriage must be solemnized. No marriage shall be   valid unless solemnized by either:1. A clergyman or minister of any religion, or by the  senior  leader,   or  any  of the other leaders, of The Society for Ethical Culture in the   city of New  York,  having  its  principal  office  in  the  borough  of   Manhattan, or by the leader of The Brooklyn Society for Ethical Culture,   having  its  principal  office in the borough of Brooklyn of the city of   New York, or of the Westchester Ethical Society,  having  its  principal   office  in Westchester county, or of the Ethical Culture Society of Long   Island, having  its  principal  office  in  Nassau  county,  or  of  the   Riverdale-Yonkers  Ethical  Society having its principal office in Bronx   county, or by the leader of any other Ethical Culture Society affiliated   with the American Ethical Union; provided that no clergyman or  minister   as  defined in section two of the religious corporations law, or Society   for Ethical Culture leader shall be required to solemnize  any  marriage   when acting in his or her capacity under this subdivision.1-a. A refusal by a clergyman or minister as defined in section two of   the religious corporations law, or Society for Ethical Culture leader to   solemnize  any  marriage under this subdivision shall not create a civil   claim or cause of action or result in  any  state  or  local  government   action  to  penalize,  withhold  benefits  or  discriminate against such   clergyman or minister.2. The current or a former governor, a mayor of a  village,  a  county   executive  of  a  county,  or a mayor, recorder, city magistrate, police   justice or police magistrate of a city, a former mayor or the city clerk   of a city of the first class of over one million inhabitants or  any  of   his  or her deputies or not more than four regular clerks, designated by   him or her for such purpose as provided  in  section  eleven-a  of  this   article,  except  that  in  cities  which  contain more than one hundred   thousand and less than one million  inhabitants,  a  marriage  shall  be   solemnized  by  the mayor, or police justice, and by no other officer of   such city, except as provided in subdivisions  one  and  three  of  this   section.2-a.  A  member  of the New York state legislature, provided that such   person shall not charge or receive a fee.3. A judge of the federal circuit court  of  appeals  for  the  second   circuit, a judge of a federal district court for the northern, southern,   eastern  or  western  district of New York, a judge of the United States   court  of  international  trade,  a  federal  administrative  law  judge   presiding  in  this  state, a justice or judge of a court of the unified   court system, a housing judge of the civil court  of  the  city  of  New   York,  a  retired  justice  or  judge  of  the unified court system or a   retired housing judge of the  civil  court  of  the  city  of  New  York   certified  pursuant  to  paragraph (k) of subdivision two of section two   hundred twelve of the judiciary law, the clerk of the appellate division   of the supreme court in each judicial department, a retired  city  clerk   who  served  for more than ten years in such capacity in a city having a   population of one million or more or a county clerk of a  county  wholly   within cities having a population of one million or more; or,3-a.  A judge or peacemaker judge of any Indian tribal court, a chief,   a headman, or any member of any tribal council or other  governing  body   of any nation, tribe or band of Indians in this state duly designated by   such  body  for  the  purpose  of officiating at marriages, or any other   persons duly designated by such body, in keeping with  the  culture  and   traditions  of  any such nation, tribe or band of Indians in this state,   to officiate at marriages.4. A written contract of marriage signed by both parties and at  least   two  witnesses,  all of whom shall subscribe the same within this state,    stating the place of residence of each of the parties and witnesses  and   the  date  and  place  of marriage, and acknowledged before a judge of a   court of record of this state by the parties and witnesses in the manner   required  for  the  acknowledgment  of  a  conveyance  of real estate to   entitle the same to be recorded.5. Notwithstanding any other provision of this article,  where  either   or  both  of  the  parties is under the age of eighteen years a marriage   shall be solemnized only by those authorized in subdivision one of  this   section or by (1) the mayor of a city or village, or county executive of   a  county, or by (2) a judge of the federal circuit court of appeals for   the second circuit,  a  judge  of  a  federal  district  court  for  the   northern,  southern, eastern or western district of New York, a judge of   the United States court of international trade, or a justice or a  judge   of a court of the unified court system, or by (3) a housing judge of the   civil  court  of  the  city of New York, or by (4) a former mayor or the   clerk of a city of the first class of over one  million  inhabitants  or   any of his or her deputies designated by him or her for such purposes as   provided in section eleven-a of this chapter.6.  Notwithstanding  any  other  provisions  of  this  article  to the   contrary no marriage shall be solemnized by a public  officer  specified   in  this section, other than a judge of a federal district court for the   northern, southern, eastern or western district of New York, a judge  of   the United States court of international trade, a federal administrative   law  judge  presiding  in  this state, a judge or justice of the unified   court system of this state, a housing judge of the civil  court  of  the   city  of  New  York,  or a retired judge or justice of the unified court   system or a retired housing judge of the civil court certified  pursuant   to paragraph (k) of subdivision two of section two hundred twelve of the   judiciary  law,  nor  by  any  of  the  persons specified in subdivision   three-a of this section, outside the territorial jurisdiction  in  which   he  or  she  was  elected,  appointed  or duly designated. Such a public   officer, however, elected or appointed within the city of New  York  may   solemnize a marriage anywhere within such city.7. The term "clergyman" or "minister" when used in this article, shall   include  those defined in section two of the religious corporations law.   The word "magistrate, " when so used, includes any person referred to in   the second or third subdivision.