Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 207 of the General Laws is hereby amended by striking out section 38, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:-

Section 38. A marriage may be solemnized in any place within the commonwealth by the following persons who are residents of the commonwealth: a duly ordained minister of the gospel in good and regular standing with his church or denomination, including an ordained deacon in The United Methodist Church or in the Roman Catholic Church; a duly ordained rabbi of the Jewish faith; by a justice of the peace if he is also clerk or assistant clerk of a city or town, or a registrar or assistant registrar, or a clerk or assistant clerk of a court, by a justice of the peace if he has been designated as provided in the following section and has received a certificate of designation and has qualified thereunder; an authorized representative of a Spiritual Assembly of the Baha'is in accordance with the usage of their community; a priest or minister of the Buddhist religion; a minister in fellowship with the Unitarian Universalist Association and ordained by a local church; a leader of an Ethical Culture Society which is duly established in the commonwealth and recognized by the American Ethical Union and who is duly appointed and in good and regular standing with the American Ethical Union; the Imam of the Orthodox Islamic religion; and, it may be solemnized in a regular or special meeting for worship conducted by or under the oversight of a Friends or Quaker Monthly Meeting in accordance with the usage of their Society; and, it may be solemnized by a duly ordained nonresident minister of the gospel if he is a pastor of a church or denomination duly established in the commonwealth and who is in good and regular standing as a minister of such church or denomination, including an ordained deacon in The United Methodist Church or in the Roman Catholic Church; and, it may be solemnized according to the usage of any other church or religious organization which shall have complied with the provisions of the second paragraph of this section.

Churches and other religious organizations shall file in the office of the state secretary information relating to persons recognized or licensed as aforesaid, and relating to usages of such organizations, in such form and at such times as the secretary may require.

SECTION 2. Said chapter 207 is hereby further amended by striking out section 39, as so appearing, and inserting in place thereof the following section:-

Section 39. The governor may in his discretion designate a justice of the peace in each town and such further number, not exceeding one for every five thousand inhabitants of a city or town, as he considers expedient, to solemnize marriages, and may for a cause at any time revoke such designation. The state secretary, upon payment of twenty-five dollars to him by a justice of the peace so designated, who is also a clerk or an assistant clerk of a city or town or upon the payment of fifty dollars by any other such justice, shall issue to him a certificate of such designation.

The state secretary may authorize, subject to such conditions as he may determine, the solemnization of any specified marriage anywhere within the commonwealth by the following nonresidents: a minister of the gospel in good and regular standing with his church or denomination; a rabbi of the Jewish faith; an authorized representative of a Spiritual Assembly of the Baha'is in accordance with the usage of their community; the Imam of the Orthodox Islamic religion; a duly ordained priest or minister of the Buddhist religion; a minister in fellowship with the Unitarian Universalist Association and ordained by a local church; a leader of an Ethical Culture Society which is recognized by the American Ethical Union and who is duly appointed and in good and regular standing with the American Ethical Union; a justice of a court or a justice of the peace authorized to solemnize a marriage by virtue of their office within their state of residence; and, it may be solemnized in a regular or special meeting for worship conducted by or under the oversight of a Friends or Quaker Monthly Meeting in accordance with the usage of their Society. A certificate of such authorization shall be issued by the state secretary and shall be attached to the certificate issued under section twenty-eight and filed with the appropriate city or town clerk. If one of the nonresidents enumerated above solemnizes a specified marriage anywhere within the commonwealth without having obtained a certificate under this section, the state secretary, upon application of such person, may issue a certificate validating such person's acts. The certificate of validation shall be filed with the certificate issued under section twenty-eight of chapter two hundred and seven.

SECTION 3. Said chapter 207 is hereby further amended by striking out section 40, as so appearing, and inserting in place thereof the following section:-

Section 40. Every justice of the peace, minister of the gospel, minister of the Unitarian Universalist Association, rabbi, secretary of a Spiritual Assembly of the Baha'is, leader of an Ethical Culture Society, duly ordained priest or minister of the Buddhist religion, Imam of the Orthodox Islamic religion, clerk or keeper of the records of a meeting wherein marriages among Friends or Quakers are solemnized, nonresident justice of a court and any person authorized to solemnize marriages according to the usage of any other church or religious organization which shall have complied with the provisions of the second paragraph of section thirty-eight shall make and keep a record of each marriage solemnized by him, or in such meeting, and of all facts relative to the marriage required to be recorded by section one of chapter forty-six. He shall also return each certificate issued under section twenty-eight no later than the tenth day of the month following each month in which marriages are solemnized by him to the clerk or registrar who issued the same. Each certificate and copy so returned shall contain a statement giving the place and date of marriage, attested by the signature of the person who solemnized the same, or of said secretary of a Spiritual Assembly of the Baha'is or of said leader of an Ethical Culture Society, or of said duly ordained priest or minister of the Buddhist religion, or Imam of the Orthodox Islamic religion, or of said clerk or keeper of the records of a Friends or Quaker Monthly Meeting or any person authorized to solemnize marriages according to the usage of any other church or religious organization which shall have complied with the provisions of the second paragraph of section thirty-eight. The person who solemnized the marriage shall add the title of the office by virtue of which the marriage was solemnized, as "justice of the peace", "minister of the gospel", "clergyman", "priest", "rabbi", "authorized representative of a Spiritual Assembly", "leader of an Ethical Culture Society", or "duly ordained priest or minister of the Buddhist religion", or "Imam of the Orthodox Islamic religion", or other appropriate title, and his residence. All certificates or copies so returned shall be recorded by the clerk or registrar receiving them.

SECTION 4. Said chapter 207 is hereby further amended by striking out section 42, as so appearing, and inserting in place thereof the following section:-

Section 42. A marriage solemnized by a person professing to have the authority to solemnize marriages under section thirty-eight or thirty-nine shall not be void, nor shall the validity thereof be in any way affected by want of authority in such person or society, or by an omission or by informality in the manner of filing the notice of intention, if the marriage is in other respects lawful and is consummated with a full belief of either of the persons so married that they have been lawfully married.