[Church Vs. State]

ok, local attorney advised me that the government CAN NOT regulate a church or any private business unless one of the owners is under their jurisdiction or unless it's a business that is normally regulated by the government like a doctor's office, school ect.

[Church Vs. State]

ok, maybe my choice of wording on that was bad. The County Mental Health and Probation agency are telling me i have to turn off the churches internet service because I'm starting the church out of my relatives house. They are threatening to place this relative in jail because the church has internet access for the business. My relative doesn't have access to the internet himself but they threaten anyways.

[Church Vs. State]

Tricky question but let's see what comes back here: Now are County government agencies (County Probation Department and County Mental Health) allowed to dictate to the church how it should operate? Now, the pastor is not under the jurisdiction of either agency but a family member is. I'm trying to get a church started and I can't even launch without Internet on-site.

["as Long As They Continue In The Work Of The Ministry"]

NY's case law is pretty clear that you have to have a actually have a congregation.

I know this and would plan on having that minor hurdle meet prior to officiating a wedding. But it's funny, in NY the pertinent sections of the domestic relations law and religious corporation law seem to say different. see topic http://ulc.net/forum/index.php?showtopic=18771 for more and the quotes given are directly from NY law.

["as Long As They Continue In The Work Of The Ministry"]

You should have a look at my topic "County Clerks. What are They Good For, (Absolutely Nothing)"

It's really not absolutely true. They do have some function. And in some cases some enforcement authority as well. But in no case can County Clerks offer legal advice. Hence my topic title.

So many people go to the county clerks in hopes of getting an interpretation of the law and wind up disappointed that they are told that the clerks office cannot help them, or find the clerks standing there with a confused look on their face like you have pigs flying out of your ears.

County Clerks are simply that. CLERKS. They file paperwork. Usually that is the end of the story. In some cases they make determinations if one qualifies to be registered in that state to perform marriages. However, if you state does not require registration, don't be surprised if you get that blank state.

If a state does not require registration (or licensing) then the clerk can certainly help you with the procedures for filing the paperwork correctly and in a timely manner, but that is the linit of what you should expect from them Anything more consider it a bonus, or that the clerk is overstepping the bounds of their authority.

In states where registration (or licensing) is required, the clerks may know a little more, and may offer some insight as to the minimal qualifications ti become registered, but still cannot offer legal advice. They merely use the interpretation of their county attorney to determine whether of not documentation provided is sufficient to issue the license or registration.

Don't let me leave you, or anyone, with the impression that county clerks have no value at all. They are really helpful in matters pertaining to procedures of getting, completing, and returning the license. I always advocate the collection of information from a multitude of sources when formulating my own legal opinions, even that of attorneys. The problem is, most state laws have NOT been challenged when it comes to matters of religion. Therefore, it is always a possibility that anyone could find themselves in the middle of a federal suit should any party to a marriage decides to challenge their spouse in a headstrong battle to the end.

It is always best to make sure to remove all possible doubt prior to performing marriages. Either through prior case law, or documentation that you actually minister, on a regular basis, to someone other than your family members. And don't expect participation is an online group satisfactory to any judge, if the case comes up.

Of course, that's just my opinion.

OK, you have a point! my mistake, my county clerk was only useful to refer me to someone who could answer my question as in NY it's not the county clerk who files the marriage license but the municipal clerk (City, Town or Village) clerk who was able o answer my questions in NY.

["as Long As They Continue In The Work Of The Ministry"]

I can only give you suggestions based on my interpretation of the law where you are, I would recommend checking with the COUNTY clerk, or the CITY clerk in your county seat though. The law states "All ordained or licensed clergymen belonging to this state or any other state may perform marriages as long as they continue in the work of the ministry. -- -Marriage license must be completed by the minister and returned to the city or town clerk. --- For questions see the city or town clerk." My Interpretation is: 1. Non - Residents CAN perform marriages in CT. and 2."Continuing in the work of the ministry" implies to me at least that CT is requiring you to have an actual congregation in order to perform marriages.

Hope this helps!