| (1) |
As used in this section:
Terms Used In Utah Code 30-1-6- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- County executive: means :Utah Code 68-3-12.5
- Person: means :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (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; |
| (d) |
the lieutenant governor; |
| (e) |
the state attorney general; |
| (h) |
a mayor of a municipality or county executive; |
| (i) |
a justice, judge, or commissioner of a court of record; |
| (j) |
a judge of a court not of record of the state; |
| (k) |
a judge or magistrate of the United States; |
| (l) |
the county clerk of any county in the state or the county clerk’s designee as authorized by Section 17-20-4; |
| (m) |
a senator or representative of the Utah Legislature; |
| (n) |
a member of the state’s congressional delegation; or |
| (o) |
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)(l), an individual described in Subsection (2) has discretion to solemnize a marriage. |
| (5) |
Except as provided in Section 17-20-4 and Subsection (2)(l), 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. |
Amended by Chapter 444, 2022 General Session
