Virginia Rules... Did I Waste Everyone's Time?


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I became ordained because the usual ceremonies people would like to have (in my lifestyle)* are generally frowned upon by 'regular' religions, yet many want to be married, and be married their OWN way, not how someone else tells them they should. My question is this:

In a few quick searches about what was required in my state, most were simple 1 sentence answers, the most comprehensive answer being

The procedure in Virginia is less well defined. According to the official in Arlington County, you bring (in person) your "certificate of ordination", a photo ID, and $16 the Clerk's office of any Circuit Court. Then the clerk will ask you "some questions" about things like whether or not you have a congregation in Virginia, how many members, and whether your group is recognized as a religious group by the IRS. Then either the clerk will register you or buck the problem up to a judge. Nonresidents are eligible.

http://usmarriagelaws.com/search/united_states/officiants_requirements/index.shtml

I don't have a 'Church' or congregation, I simply wanted to be able to officiate at ceremonies that are unorthodox in mainstream society, but in reading this, I am concerned that I have wasted my own time, as well as the administration staff of ULC.

Any help, suggestions, thoughts, experience?

*edited for clarity

Edited by AmandaT
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Marriage Ceremony:Who may perform? - A minister of any religious denomination must be authorized by a circuit court to celebrate the rites of matrimony. To obtain such authorization, the minister must produce proof of his ordination and regular communion with the religious society of which he is a reputed member. In addition, the court in each city and county has appointed persons who are eligible to perform civil marriage ceremonies. For marriages between persons belonging to any religious society which has no ordained minister, refer to Section 20-26, Code of Virginia, Domestic Relations.

http://virginia.usmarriagelaws.com/

I also found this... the part I am most unclear about is "... and regular communion with the religious society of which he is a reputed member." Does this mean I have to have the 'Good Standing Letter' mentioned on the website?

Thanks,

Amanda

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Hi Amanda,

I see you already use the link I go to for most questions regarding the "law" about others states so I'm afraid I may not be up to par to give you further help.

However, perhaps you should just call, or stop by, the County Clerks office where you are going to perform your ceremonies. Most of the time talking to them will get you direct, rather than filtered answers. I've known of cases where even different clerks in the same office have varied interpretations of the "Law" - one being far stricter, based on personal bias, than others - even though "Law" is suppose to be 'blind'.

Hopefully someone with some knowhow will jump in here.

Blessings of Peace,

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http://www.ulcseminary.org/forum/uploads/CramervCommonwealthofVirginia.pdf

http://www.ag.virginia.gov/Opinions%20and%20Legal%20Resources/Opinions/2001opns/01-057.pdf

Here is the Case Law and OAG opinion on the ULC as it applies to solemnizing marriage in the State of VA.

The case law basically says the ULC is a no-go in the state of VA, however, the OAG opinion states that given the language of the law, the clerks MAY (but are not required to) allow a ULCer to register solemnize marriages but it is totally up to clerks.

Having said that, folks might question the legality of a marriage solemnized by a ULCer regardless given the standing case law as OAG opinions are simply opinions and case law is actually binding law until overturned by statute law or later case law. Luckily, 20-31 covers that and says that as long as the everyone believed the person had the authority to solemnize, the marriage remains legal.

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Dorian Grey;

Thanks for your links! I read them, and from what I can understand (legal-ese isn't a language I'm very fluent in!) According to case law in Virginia, I am not legally allowed to perform marriages, BUT if I got lucky & gave my paperwork to a clerk that either doesn't know or care about this information, and they approved me for performing such celebratory rites, I *can* do it, and it would be legally binding?

Not sure if I want to put those in my lifestyle at risk for legal headaches or worrying about the legality of their marriages. What a shame. :-(

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That is the short of it Ms. Amanda. If a clerk gave you a license, any marriage you solemnized would say legally binding under 20-31. But here is the catch. The clerk doesn't even HAVE to give a Roman Catholic Priest, or any other "traditionally ordained" minister a license.

Something else to keep in mind with case law is that it has been almost 40 years since that has been ruled on, so it is possible that if it came up again it might be ruled differently.

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I did notice that; that they referenced a lot of things the church charged for (newsletters, etc.) back in '74, that was purported to be 'communication', which is now free, and there is an EXTREMELY fast HUMAN response to any questions/issues one may have (which I know because I had to use the system yesterday, and received responses and resolved my issue within 2 hours!) So a lot of things have changed, but Virginia is still an extremely conservative state, especially (from what I have paid attention to) in regards to legislation. Unless it is something that becomes federally mandated (which I'm not even sure is allowed) I'm almost positive that Virginia will be one of the last hold outs for things such as legalization of marijuana, and same-sex-marriages. If it's 'liberal' they don't like it (legislatively speaking).

I'd love if someone took it back before the courts, but I don't want that person to be me. I don't want my life to be dug around in, which is exactly what would happen by the media, etc. if it became a big deal. Thanks, but no thanks! :-)

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Dorian Grey;

Thanks for your links! I read them, and from what I can understand (legal-ese isn't a language I'm very fluent in!) According to case law in Virginia, I am not legally allowed to perform marriages, BUT if I got lucky & gave my paperwork to a clerk that either doesn't know or care about this information, and they approved me for performing such celebratory rites, I *can* do it, and it would be legally binding?

Not sure if I want to put those in my lifestyle at risk for legal headaches or worrying about the legality of their marriages. What a shame. :-(

Form a state organization, have an annual gathering, or every millenia.. the law says regular, not frequent.. done and done.

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