Senate Bill No. 442

(By Senator Redd)

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[Introduced March 8, 2001; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact section twelve, article one, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing federal judges to perform marriage ceremonies.

Be it enacted by the Legislature of West Virginia:
That section twelve, article one, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. MARRIAGE.
§48-1-12. Persons authorized to celebrate marriages.

Any minister, priest or rabbi, over the age of eighteen years, who has complied with the provisions of section twelve-a of this article, or a judge of any court of record in this state, is authorized to celebrate the rites of marriage in all the counties of the state. No person, other than a minister, priest or rabbi, who has complied with the provisions of section twelve-a of this article, or a judge, including a federal judge, of any court of record in this state, shall hereafter celebrate the rites of marriage in this state, anything in any act of the Legislature or of any court to the contrary, notwithstanding.
Wherever in this article the terms "minister," "priest" or "rabbi" shall appear, the same shall be understood and held in all respects to include, 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.
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.