Marriage
TITLE XXXI, DOMESTIC RELATIONS
3101.01. Persons who may be joined in marriage;
(C)(1) Any marriage between persons of the same sex is against the strong public policy of this state. Any marriage between persons of the same sex shall have no legal force or effect in this state and, if attempted to be entered into in this state, is void ab initio and shall not be recognized by this state.
(2) Any marriage entered into by persons of the same sex in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.
(3) The recognition or extension by the state of the specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this state. Any public act, record, or judicial proceeding of this state, as defined in section 9.82 of the Revised Code, that extends the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio. Nothing in division (C)(3) of this section shall be construed to do either of the following:
(a) Prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to nonmarital relationships between persons of the same sex or different sexes, including the extension of benefits conferred by any statute that is not expressly limited to married persons, which includes but is not limited to benefits available under Chapter 4117. of the Revised Code;
3101.05. License application; falsification prohibited.
(A) The parties to a marriage shall make an application for a marriage license. Each of the persons seeking a marriage license shall personally appear in the probate court within the county where either resides, or, if neither is a resident of this state, where the marriage is expected to be solemnized. If neither party is a resident of this state, the marriage may be solemnized only in the county where the license is obtained. Each party shall make application and shall state upon oath, the party's name, age, residence, place of birth, occupation, father's name, and mother's maiden name, if known, and the name of the person who is expected to solemnize the marriage.
3101.07. Expiration date of license.
No marriage license shall be effective nor shall it authorize the performance of a marriage ceremony after the expiration of sixty days from the date of issuance. This provision shall be printed on each license in prominent type.
3101.08. Who may solemnize.
An ordained or licensed minister of any religious society or congregation within this state who is licensed to solemnize marriages, or any religious society in conformity with the rules of its church, may join together as husband and wife any persons who are not prohibited by law from being joined in marriage.
3101.09. Prohibition.
No person, except those legally authorized, shall attempt to solemnize a marriage, and no marriage shall be solemnized without the issuance of a license.
3101.10. License.
A minister upon producing to the secretary of state, credentials of his being a regularly ordained or licensed minister of any religious society or congregation, shall be entitled to receive from the secretary of state a license authorizing him to solemnize marriages in this state so long as he continues as a regular minister in such society or congregation. A minister shall produce for inspection his license to solemnize marriages upon demand of any party to a marriage at which he officiates or proposes to officiate or upon demand of any probate judge.
3101.11. Recording of license.
The secretary of state shall enter the name of a minister licensed to solemnize marriages upon a record kept in the office of the secretary of state. 111.6 Fees to be Collected. The secretary of state shall charge and collect, for the benefit of the state, the following fee: (K) for a minister’s license to solemnize marriages, ten dollars.
3101.12. Record as evidence.
When the name of a minister licensed to solemnize marriages is entered upon the record by the secretary of state, such record and the license issued under section
3101.13. Record of marriage.
Except as otherwise provided in this section, a certificate of every marriage solemnized shall be transmitted by the authorized person solemnizing the marriage, within thirty days after the solemnization, to the probate judge of the county in which the marriage license was issued. If, in accordance with section 2101.27 of the Revised Code, a probate judge solemnizes a marriage and if the probate judge issued the marriage license to the husband and wife, he shall file a certificate of that solemnized marriage in his office within thirty days after the solemnization. All such transmitted and filed certificates shall be consecutively numbered and recorded in the order in which they are received.
3101.14. Notice on license of penalty for failure to return certificate.
Every marriage license shall have printed upon it in prominent type the notice that, unless the person solemnizing the marriage returns a certificate of the solemnized marriage to the probate court that issued the marriage license within thirty days after performing the ceremony, or he is guilty of a misdemeanor and, upon conviction, may be punished by a fine of fifty dollars. An envelope suitable for returning the certificate of marriage, and addressed to the proper probate court, shall be given with each license
3101.99. Penalties.
(A) Whoever violates division (B) of section 3101.05 of the Revised Code is guilty of a violation of section 2921.13 of the Revised Code. Whoever violates any other provision of section 3101.05 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 3101.09 of the Revised Code shall be fined five hundred dollars and imprisoned not more than six months.
(C) Whoever violates section 3101.13 of the Revised Code shall be fined not more than fifty dollars.
Licensing Procedures
Individuals interested in obtaining a license to solemnize marriages must:
Obtain an application and a copy of the Ohio minister licensing laws. Available to download, or by calling us at (614) 466-2585.
Ministers cannot certify themselves with a religious society or congregation.
Complete the application: Your name on the application must be identical to the name on your credentials.
The name of the congregation for whom you are a regular pastor or minister must be identical and appear on both your credentials and application.
Complete your address and telephone number.
Date and sign the application.
Provide proper credentials (Whichever you provide must be from the religious society/congregation you are serving and representing when you perform a marriage.) Provide ONE of the following:
Copy of your license, with original signatures of certification (and annual fellowship card, if required); or
Copy of your ordination, with original signatures of certification (and annual fellowship card, if required); or
A letter from the religious society to which you are affiliated stating that you are duly ordained or licensed as a minister in good standing, serving the congregation in a ministerial capacity. An official of the religious society, with his/her title, must sign this letter. (This can include trustees, elders, deacons, or directors).
If you change religious societies or congregations, or have a name change, you must re-apply for a new license, and pay the $10.00 fee.
If an independent congregation has ordained you, but you choose to be licensed under the church state or national convention with which the ordaining congregation is affiliated, your credentials should clearly indicate that affiliation. If you desire to be licensed under the name of the independent congregation, your license is valid only as long as you remain a minister with that congregation.
Send a check or money order in the amount of ten dollars ($10.00) made payable to the "Ohio Secretary of State."
Mail to: Secretary of State, Elections Division, 180 E. Broad St., 15th floor, Columbus, OH 43215
Due to the signature requirements, this office cannot accept documents downloaded from the Internet or via a fax machine.
Counseling/healing
TITLE XLVII OCCUPATIONS - PROFESSIONS
4732.22. Exceptions from licensing requirements.
(F) Duly ordained ministers while functioning in their ministerial capacity;
CHAPTER 4757, COUNSELORS, SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS
4757.41. Exceptions from provisions.
(A) This chapter shall not apply to the following:
(4) Rabbis, priests, Christian science practitioners, clergy, or members of religious orders and other individuals participating with them in pastoral counseling when the counseling activities are within the scope of the performance of their regular or specialized ministerial duties and are performed under the auspices or sponsorship of an established and legally cognizable church, denomination, or sect or an integrated auxiliary of a church as defined in federal tax regulations, paragraph (g)(5) of 26 C.F.R. 1.6033-2 (1995), and when the individual rendering the service remains accountable to the established authority of that church, denomination, sect, or integrated auxiliary;
