2023 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.
3-b. A one-day marriage officiant, as designated by  a  town  or  city
  clerk pursuant to section eleven-d of this article; or,
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.