Urgent Legal Advice for Texas

[txcdn1]

Help! My sister was to be married in Key West on Tuesday. Because of Rita our cruise is now a 4 day to Cozumel. I have no complaints about any of this as it was no ones fault but Rita's. My question is...She is now trying to get married in Austin at a quaint little outdoor chapel. They do not provide a minister. I went to a web site that ordained me. Is it legal for me to conduct the marriage ceremony. I will include a link to this site. Thanks to all who can help. I would call the courts but it's the weekend and she want to get married monday. Jill

http://www.spiritualhumanism.org/

[TravelQN]

I'd ask the court, or an attorney, not sure you'd find the 'right' answer here. Why doesn't she get married at the courthouse, then have you perform another ceremony with family and friends etc. That way you'd know it would be legal, and she'd have the 'extra' ceremony. I'd hate to find out years later it didn't count.

[TrinaLC]

I highly doubt the marriage would be legal. Most (maybe all?) states require that you have a marriage license, typically issued by the county clerk or the town clerk. (Nevada may of course be different in this regard, but I doubt Texas is.)

 

Do a search for requirements of Texas marriage license to see who can issue it, whether there is a waiting requirement, etc. (Many states still even require blood tests.)

 

I think this is the real hurdle to a quickie Tx marriage, even more than the question of whether you are properly ordained to perform a marriage (assuming the couple has the requisite marriage license.)

 

But - if they can get the license, I agree, have a town hall ceremony followed by one at the chapel to ensure that it is all legal.

 

OR - don't worry about the legalities now; have the ceremony, and let them consider that the marriage ceremony; but follow up with town clerk later so it really is legal.

[txcdn1]

She actually does have a marriage license already. (She got it Wednesday just in case.) The problem is the short notice for town hall etc. She can get the chapel. I just need to know if it's legal in Texas?

[Artemis]

§ 2.202. PERSONS AUTHORIZED TO CONDUCT

CEREMONY. (a) The following persons are authorized to conduct a

marriage ceremony:

(1) a licensed or ordained Christian minister or

priest;

(2) a Jewish rabbi;

(3) a person who is an officer of a religious

organization and who is authorized by the organization to conduct a

marriage ceremony; and

(4) a justice of the supreme court, judge of the court

of criminal appeals, justice of the courts of appeals, judge of the

district, county, and probate courts, judge of the county courts at

law, judge of the courts of domestic relations, judge of the

juvenile courts, retired justice or judge of those courts, justice

of the peace, retired justice of the peace, or judge or magistrate

of a federal court of this state.

(b) For the purposes of this section, a retired judge or

justice is a former judge or justice who is vested in the Judicial

Retirement System of Texas Plan One or the Judicial Retirement

System of Texas Plan Two or who has an aggregate of at least 12 years

of service as judge or justice of any type listed in Subsection

(a)(4).

 

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.

[Artemis]

In order for you, sister, to be legally authorized to perform the marriage ceremony, you'd have to meet BOTH requirements of Sec. 2.202(a)(3):

 

(1) a person who is an officer of a religious organization and (2) who is authorized by the organization to conduct a marriage ceremony.

 

Are you an officer of the Church of Spiritual Humanism?

 

Additionally, there is the overriding issue of whether the Church of Spiritual Humanism is a "religious organization" recognized by law? Note that you can research the tax exempt status of "religious organizations" by doing a search of Publication 78 at http://www.irs.gov. Using the information provided on the Contact Page at the Church of Spiritual Humanism's website, I was unable to make a match on the exemption list. The IRS does say that the list is not complete for various reasons.

______________________

 

For a fee, some court officials will perform a wedding at the location of the happy couple's choice. Otherwise, they can simply show up at the courthouse and have a civil wedding.

[flagger]

I am an ordained minister of the Universal Life Church. http://www.ulc.org

 

I performed two legal weddings when I lived in Texas. As long as you are ordained, you can perform ceremonies and sign the marriage license. There is no law that says you must attend seminary to be ordained.

[sandbag7]

Probably acceptable in Texas, but I wouldn't try to cross state lines.

[crb04]

...(Nevada may of course be different in this regard, but I doubt Texas is.)...

 

Nope, not different. Nevada also requires a marriage license (but not blood tests or waiting period required by some states). Was married there, and had to go to county courthouse for license before finding a chapel to perform ceremony. Courthouses usually have a number posted to contact clerk after hours (what we did). Some wedding chapels there, usually just over CA stateline, might tell unsuspecting bride/groom-to-be that they can "marry" you without one, but beware--is a "common-law" union document they will give you...

[kwadley]

Probably acceptable in Texas, but I wouldn't try to cross state lines.

 

Just WHAT, exactly, does this mean????:(

[txcdn1]

Flagger thanks for the information. I am now an ordained minister with the Universal Life Church. I have a few more questions. She already has the marriage license, and the chapel booked. Do we just sign the marriage license after the ceremony then file it where? At the court house in Austin where the ceremony will be or where I live or where they live? Any points and suggestions would be appreciated. I have a nice ceremony already planned and my daughter is making a wedding CD to play during the ceremony. We are getting excited again. Thanks, Jill:)

[flagger]

. She already has the marriage license, and the chapel booked. Do we just sign the marriage license after the ceremony then file it where? At the court house in Austin where the ceremony will be or where I live or where they live?

You sign the license and return it to the county where it was issued. The reverse has a place for the wedding party's address that is filled out so the county can return it. You sign your name, type or print your name, the date of the ceremony, the address where it was performed and the city, county, state and zip where it was performed. NOTE: The license is NOT valid for 72 hours from the time it was issued. It expired 30 days after iisuance if the ceremony has not been conducted within that period.

Any points and suggestions would be appreciated. I have a nice ceremony already planned and my daughter is making a wedding CD to play during the ceremony.

Sounds really nice. Of one I officiated, I followed the booklet that came when I was ordained. I did it out from an advert in Rolling Stone, long before the internet. I pretty much followed the "We are gathered here today, do you take, do you take, present the rings, by the power vested in me by the ULC and recognized by the state of Texas, blah blah." The other was a bit looser and they did their vows, etc. Just remember to breathe deep, you are not the one getting married, but everyone is listening to YOU. Don't get stage fright.

[txcdn1]

Thanks flagger I'll let you know how it turns out. Jill

[Sarapdot]

My husband and I were married last year by our good friend who was ordained online. We got a marriage license from the courthouse and filled it out at the ceremony just as you would with a JP or licensed minister. We were told by the clerks office at the courthouse that this was acceptable and generally as long as the couple being married agree and believe that they are legally married then all is good. By the way, this was all done in Texas. And the whole crossing state lines thing..If you fill out the marriage license and file it with the clerks office then it is a legal record that you are married and it doesn't matter if you cross state lines!:rolleyes:

[Oma24boys]

Help! My sister was to be married in Key West on Tuesday. Because of Rita our cruise is now a 4 day to Cozumel. I have no complaints about any of this as it was no ones fault but Rita's. My question is...She is now trying to get married in Austin at a quaint little outdoor chapel. They do not provide a minister. I went to a web site that ordained me. Is it legal for me to conduct the marriage ceremony. I will include a link to this site. Thanks to all who can help. I would call the courts but it's the weekend and she want to get married monday. Jill

http://www.spiritualhumanism.org/

 

Check this out... http://www.theweddingofficiant.com/