2023 District of Columbia Code › Title 46 - Domestic Relations › Chapter 4 - Marriage › § 46–406. Persons authorized to celebrate marriages

§ 46–406. Persons authorized to celebrate marriages.
*NOTE: This section includes amendments by emergency legislation that will expire on February 13, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) For the purposes of this section, the term:
(1) “Civil celebrant” means a person of a secular or non-religious organization who performs marriage ceremonies.
(2) “Religious” includes or pertains to a belief in a theological doctrine, a belief in and worship of a divine ruling power, a recognition of a supernatural power controlling man’s destiny, or a devotion to some principle, strict fidelity or faithfulness, conscientiousness, pious affection, or attachment.
(3) “Society” means a voluntary association of individuals for religious purposes.
(4) “Temporary officiant” means a person authorized by the Mayor or the Clerk of the Superior Court of the District of Columbia (“Court”) to solemnize a specific marriage. The person’s authority to solemnize that marriage shall expire upon the filing of the marriage license, pursuant to § 46-412.
(b) For the purpose of preserving the evidence of marriages in the District of Columbia, a marriage authorized under this chapter may be solemnized by the following persons at least 18 years of age at the time of the marriage:
(1) A judge or retired judge of any court of record;
(2) The Clerk of the Court or such deputy clerks of the Court as may, in writing, be designated by the Clerk and approved by the Chief Judge of the Court;
(3) A minister, priest, rabbi, or authorized person of any religious denomination or society;
(4) For any religious society which does not by its own custom require the intervention of a minister for the celebration of marriages, a marriage may be solemnized in the manner prescribed and practiced in that religious society, with the license issued to, and returns to be made by, a person appointed by the religious society for that purpose;
(5) A civil celebrant;
(6) A temporary officiant;
(7) Members of the Council;
(8) The Mayor of the District of Columbia; or
(9) The parties to the marriage.
(b-1) All persons authorized by subsection (b) of this section to solemnize marriages shall comply with the requirements of § 46-412.
(b-2) The Court shall charge a reasonable registration fee for authorization to solemnize marriages; provided, that the registration fee for a temporary officiant shall not exceed $25.
(c) No priest, imam, rabbi, minister, or other official of any religious society who is authorized to solemnize or celebrate marriages shall be required to solemnize or celebrate any marriage.
(d) Each religious society has exclusive control over its own theological doctrine, teachings, and beliefs regarding who may marry within that particular religious society’s faith.
(e)(1) Notwithstanding any other provision of law, a religious society, or a nonprofit organization that is operated, supervised, or controlled by or in conjunction with a religious society, shall not be required to provide services, accommodations, facilities, or goods for a purpose related to the solemnization or celebration of a marriage, or the promotion of marriage through religious programs, counseling, courses, or retreats, that is in violation of the religious society’s beliefs.
(2) A refusal to provide services, accommodations, facilities, or goods in accordance with this subsection shall not create any civil claim or cause of action, or result in a District action to penalize or withhold benefits from the religious society or nonprofit organization that is operated, supervised, or controlled by or in conjunction with a religious society.
(Mar. 3, 1901, 31 Stat. 1392, ch. 854, § 1288; Apr. 23, 1904, 33 Stat. 297, ch. 1490, § 1; June 25, 1948, 62 Stat. 991, ch. 646, § 32(a), (b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 5, 1966, 80 Stat. 264, Pub. L. 89-493, § 13(a), (b); July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Jan. 26, 1982, D.C. Law 4-60, § 2, 28 DCR 4768; Mar. 3, 2010, D.C. Law 18-110, § 2(d), 57 DCR 27; Nov. 5, 2013, D.C. Law 20-36, § 2, 60 DCR 12143; Nov. 15, 2023, D.C. Act 25-296, § 2(a), 70 DCR 15226.)
Prior Codifications
1981 Ed., § 30-106.
1973 Ed., § 30-106.
Section References
This section is referenced in § 46-412.
Effect of Amendments
D.C. Law 18-110 added subsecs. (c), (d), and (e).
The 2013 amendment by D.C. Law 20-36 rewrote (a) and (b); and added (b-1) and (b-2).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(a) of Let Our Vows Endure (LOVE) Emergency Amendment Act of 2023 (D.C. Act 25-296, Nov. 15, 2023, 70 DCR 15226).
For temporary (90 days) amendment of this section, see § 2(a) of Let Our Vows Endure Emergency Amendment Act of 2019 (D.C. Act 23-1, Jan. 11, 2019, 66 DCR 600).