Revision: Jan. 1, 2008, midnight
HB 1192 – AS AMENDED BY THE HOUSE
12Mar2008… 0509h
2008 SESSION
05/01
HOUSE BILL 1192
AN ACT relative to the solemnization of marriage.
SPONSORS: Rep. Bedrick, Rock 4; Rep. Nielsen, Sull 4
This bill permits members of the clergy, religious officiants, and others who are licensed by the secretary of state to solemnize marriages.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Mar2008… 0509h
08-2192
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the solemnization of marriage.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Who May Solemnize Marriage. Amend RSA 457:31 to read as follows:
457:31 Who May Solemnize. Marriage may be solemnized:
I. By a justice of the peace as commissioned in the state;
II. By any [minister of the gospel] member of the clergy in the state who has been ordained according to the usage of his or her denomination, resides in the state, and is in regular standing with the denomination;
III. By any member of the clergy who is not ordained but is engaged in the service of the religious body to which he or she belongs, and resides in the state, after being licensed therefor by the secretary of state;
IV. By a religious officiant or such other person or group as may be authorized by their church, religion, sect, or denomination to solemnize marriages in the way usually practiced among them, after being licensed therefor by the secretary of state;
V. Within his or her parish, by any [minister] member of the clergy residing out of the state, but having a pastoral charge wholly or partly in this state; or
VI. By judges of the United States appointed pursuant to Article III of the United States Constitution, by bankruptcy judges appointed pursuant to Article I of the United States Constitution, or by United States magistrate judges appointed pursuant to federal law.
2 Effect of Informality. Amend RSA 457:36 to read as follows:
457:36 Effect of Informality. No marriage solemnized before a person professing to be a justice of the peace or [minister of the gospel] member of the clergy shall be void, nor shall its validity be affected on account of want of jurisdiction or authority in such supposed justice or [minister] clergy member, or on account of any omission or informality in the certificate of intention of marriage, if the marriage is in other respects lawful and has been consummated with the belief on the part of either of the parties thereto that they were lawfully married.
3 Repeal. RSA 457:37, relative to exception to the solemnization of marriage, is repealed.
4 Effective Date. This act shall take effect upon its passage.