COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 442
(By Senator Redd)
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[Originating in the Committee on the Judiciary;
reported March 26, 2001.]
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A BILL to amend and reenact sections four hundred one and four
hundred four, article two, chapter forty-eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to authorizing federal judges to perform
marriage ceremonies.
Be it enacted by the Legislature of West Virginia:
That sections four hundred one and four hundred four, article
two, chapter forty-eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted, all
to read as follows:
ARTICLE 2. MARRIAGE.
§48-2-401. Persons authorized to celebrate marriages.
A religious representative who has complied with the
provisions of section 2-402, or a judge of any court of record in
this state, a judge or retired judge of a United States district court for the southern or northern district of this state, a judge
or retired judge of the United States court of appeals for the
fourth circuit in this state or a justice of the United States
supreme court residing in this state is authorized to celebrate the
rites of marriage in any county of this state. Celebration or
solemnization of a marriage means the performance of the formal act
or ceremony by which a man and woman contract marriage and assume
the status of husband and wife.
For purposes of this chapter, the term "religious
representative" means a minister, priest, or rabbi and includes,
without being limited to, a leader or representative of a generally
recognized spiritual assembly, church, or religious organization
which does not formally designate or recognize persons as
ministers, priests or rabbis.
§48-2-404. Ritual for ceremony of marriage by a judge.
The ritual for the ceremony of marriages by judges of courts
of record in this state and federal judges may be as follows: At
the time appointed, the persons to be married, being qualified
according to the law of the state of West Virginia, standing
together facing the judge, the man at the judge's left hand and the
woman at the right, the judge shall say:
"We are gathered here, in the presence of these witnesses, to
join together this man and this woman in matrimony. It is not to be entered into unadvisedly but discreetly, sincerely and in
dedication of life.
(Then shall the judge say to the man, using his christian
first name:)
"N., wilt thou have this woman to be thy wedded wife, to live
together in the bonds of matrimony? Wilt thou love her, comfort
her, honor and keep her in sickness and in health?
(Then the man shall answer:)
"I will.
(Then the judge shall say to the woman, using her christian
first name:)
"N., wilt thou have this man to be thy wedded husband, to live
together in the bonds of matrimony? Wilt thou love him, comfort
him, honor and keep him in sickness and health?
(The woman shall answer:)
"I will.
(Then may the judge say:)
"Who giveth this woman to be married to this man?
(The father of the woman, or whoever giveth her in marriage,
shall answer:)
"I do.
(Then the judge shall ask the man to say after him:)
"I, N., take thee, N., to be my wedded wife, to have and to hold, from this day forward, for better, for worse, for richer, for
poorer, in sickness and in health, to love, and to cherish, as long
as life shall last, and thereto I pledge thee my faith.
(Then the judge shall ask the woman to repeat after him:)
"I, N., take thee, N., to be my wedded husband, to have and to
hold, from this day forward, for better, for worse, for richer, for
poorer, in sickness and in health, to love and to cherish, as long
as life shall last, and thereto I pledge thee my faith.
(Then, if there be a ring, the judge shall say:)
"The wedding ring is an outward and visible sign--signifying
unto all, the uniting of this man and this woman in matrimony.
(The judge then shall deliver the ring to the man to put on
the third finger of the woman's left hand. The man shall say after
the judge:)
"In token and pledge of the vow between us made, with this
ring, I thee wed.
(Then, if there be a second ring, the judge shall deliver it
to the woman to put upon the third finger of the man's left hand;
and the woman shall say after the judge:)
"In token and pledge of the vow between us made, with this
ring, I thee wed.
(Then shall the judge say:)
"Forasmuch as N. and N. have consented together in wedlock, and have witnessed the same each to the other and before these
witnesses, and thereto have pledged their faith each to the other,
and have declared the same by giving (and receiving) a ring, by
virtue of the authority vested in me as judge of this court, I
pronounce that they are husband and wife together."
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(NOTE: The purpose of this bill is to authorize federal
judges to perform marriage ceremonies.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)