CAN A MINISTER GO TO JAIL FOR PERFORMING A WEDDING?

Written By Glenn S. Reynolds, DMin, Jd

Q: What should a pastor do if a couple wants to get married without a state-issued license?

A couple approaches their minister wanting to get married but are convinced that the state should have no role in marriage. They believe that marriage is a spiritual act, not a civil act, and ask the pastor to perform the ceremony without a state-issued license.

A: The pastor should not perform the ceremony without a state-issued license.

Legal Requirements:

Virginia Code Ann. § 20-28 provides the answer for ministers who want to obey the law and stay out of jail. The code states, in pertinent part:

"If any person knowingly perform the ceremony of marriage without lawful license . . . he shall be confined in jail not exceeding one year, and fined not exceeding $500.”

Key Points:

  1. Criminal Penalties:

    • Performing a wedding ceremony without a valid marriage license can result in criminal penalties for the minister, including a fine of up to $500 and a jail sentence of up to one year.

  2. Scienter (Knowledge of Wrongdoing):

    • The key term in the statute is "knowingly." This means that if a minister performs a ceremony for a couple who has not obtained the necessary license, the minister must have scienter, which refers to the intent or knowledge of wrongdoing.

    • If the minister is unaware that the couple has not obtained a license, the penalties do not apply. The minister must know beforehand that the couple does not have a license for the penalties to be enforced.

In the Hypothetical:

  • The minister had scienter because the couple informed him of their plan to marry without a license before the ceremony.

  • Therefore, if he performs the wedding, he would be knowingly violating the statute.

  • "Knowingly" does not refer to whether the minister knows about the statute but whether he knows the couple does not have a license.

Conclusion:

The pastor should not perform the ceremony without a state-issued license to avoid criminal penalties.

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Glenn S. Reynolds, DMin, Jd

Glenn is a speaker, ordained pastor, writer, and attorney living in Suffolk, VA. Before starting Reynolds Law Group, Glenn pastored one of the largest churches in America and was the Director of Church Planting for the Iowa Ministry Network. Glenn roots hard for the Kentucky Wildcats in basketball, the Baltimore Orioles in baseball, and the Iowa Hawkeyes in football.

To learn more about Glenn, you can read his full bio here.

You can find him on Instagram @glennsreynolds

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