Title 18 Chapter 105
5144. Persons authorized to solemnize marriage.
Marriages may be solemnized a member of the clergy residing in this state and ordained or licensed, or otherwise regularly authorized thereunto by the published laws or discipline of the general conference, convention or other authority of his or her faith or denomination or by such a clergy person residing in an adjoining state or country, whose parish, church, temple, mosque or other religious organization lies wholly or in part in this state, or by a member of the clergy residing in some other state of the United States or in the Dominion of Canada, provided he or she has first secured from the probate court of the district within which the marriage is to be solemnized a special authorization, authorizing him or her to certify the marriage if such probate judge determines that the circumstances make the special authorization desirable. Marriage among the Friends or Quakers, the Christadelphian Ecclesia and the Baha'i Faith may be solemnized in the manner heretofore used in such societies.
5145. Marriage license required for solemnization
Persons authorized by section 5144 of this title to solemnize marriage shall require a marriage license of the parties, before solemnizing such marriage. The license shall afford full immunity to the person who solemnizes the marriage.
5147. Solemnization by unauthorized person; penalty; validity of marriage
(a) A person who, knowing that he is not authorized so to do, undertakes to join others in marriage, shall be imprisoned not more than six months or fined not more than $300.00 nor less than $100.00, or both.
(b) A marriage solemnized before a person professing to be a justice or a minister of the gospel shall not be void nor the validity thereof affected for want of jurisdiction or authority in such supposed justice or minister, providing that the marriage is in other respects lawful and is consummated with a belief on the part of the persons so married, or either of them, that they were lawfully joined in marriage.
