Who may solemnize marriages -- Certificate.

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  • (1) As used in this section:
    • (a) "Judge or magistrate of the United States" means:
      • (i) a justice of the United States Supreme Court;
      • (ii) a judge of a court of appeals;
      • (iii) a judge of a district court;
      • (iv) a judge of any court created by an act of Congress, the judges of which are entitled to hold office during good behavior;
      • (v) a judge of a bankruptcy court;
      • (vi) a judge of a tax court; or
      • (vii) a United States magistrate.
    • (b)
      • (i) "Native American spiritual advisor" means an individual who:
        • (A) leads, instructs, or facilitates a Native American religious ceremony or service or provides religious counseling; and
        • (B) is recognized as a spiritual advisor by a federally recognized Native American tribe.
      • (ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine person, traditional religious practitioner, or holy man or woman.
  • (2) The following individuals may solemnize a marriage:
    • (a) an individual 18 years old or older who is authorized by a religious denomination to solemnize a marriage;
    • (b) a Native American spiritual advisor;
    • (c) the governor;
    • (d) the lieutenant governor;
    • (e) a mayor of a municipality or county executive;
    • (f) a justice, judge, or commissioner of a court of record;
    • (g) a judge of a court not of record of the state;
    • (h) a judge or magistrate of the United States;
    • (i) the county clerk of any county in the state or the county clerk's designee as authorized by Section 17-20-4;
    • (j) a senator or representative of the Utah Legislature; or
    • (k) a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.
  • (3) An individual authorized under Subsection (2) who solemnizes a marriage shall give to the couple married a certificate of marriage that shows the:
    • (a) name of the county from which the license is issued; and
    • (b) date of the license's issuance.
  • (4) Except for an individual described in Subsection (2)(i), an individual described in Subsection (2) has discretion to solemnize a marriage.
  • (5) Except as provided in Section 17-20-4 and Subsection (2)(i), and notwithstanding any other provision in law, no individual authorized under Subsection (2) to solemnize a marriage may delegate or deputize another individual to perform the function of solemnizing a marriage.




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