I have signed the marriage licence of 12 couples in 7 states, and officiated the service of one more couple who went to the courthouse for the legal paper.
Since serving as a minister in Pennsylvania this past year I have officiated 3 weddings, signed 3 licences. Each licence was issued by a different county, and so each one was different. I had to sign them all, give my title, and my address. Two of them I was supposed to return to the court house; the other one that was the couple's responsibility. None of them needed witnesses to sign, nor the bride or groom for that matter. It's a bit maddening -- there is not a state standard for the licences!
You know in the movies how the minister says "by the power vested in my by the state of..." Well, here's a secret: none of those 7 states vested any power in me. So, I don't say that at my weddings.
In short, my "vested power" came from a congregational vote and a ceremony by a UU congregation. That's why I can call myself "The Reverend." (Of course, in reality it's much more complicated and involves graduate school, special trainings, and approval by the national body...) So, my power comes solely from my congregation, who gave me the title "Reverend." Each religion gives that power is different ways, and in none that I know of does it include an official sanction by the government.
The state of Pennsylvania (and most states) doesn't like to get in the church business... they don't get in the business of what religion recognizes which type of people for whatever their "clergy" is.
The State of Pennsylvania has never:
*Asked me to register as a clergy person in the state
*Offered me special training
*Given me a test
*Verified my position or church
*Verified either my professional or personal address
*Done a criminal background check
*Asked for a photo ID
*Or confirmed my existence or communicated with me in anyway
Still, the state doesn't question my authority to sign a marriage license. So, in the case of marriage, the state does mix with church. The state allows me to act as an official agent. The state relies on me to confirm this one aspect of state business.
My friends in France had a church wedding and a courthouse visit. Church and state do their own business, and don't get involved with each other.
There is no other aspect of church business the state takes as "legal." Take one angle: In this year I have officiated 7 funeral services. I didn't have to sign a paper notifying the state of that religious ceremony. The legal system didn't need to wait for me to perform a religious rite in order to stop social security payments, charge estate taxes, etc, etc. Why is it different for a marriage ceremony?
A second angle: I am not a lawyer, accountant, or financial advisor. I have no formal training on any of those subjects, no professional qualifications, and very little personal experience. But when it comes to marriage, I have the responsibility to act as those things -- I enter two individuals into a legal contract. me! I oversee this process and bind two people into a complicated deal with rules about their taxes, debts, death process, benefits, etc, etc. WHAT DO I KNOW?!
I wouldn't be allowed to "sign off" on a business contract for merging companies. There would be penalties for me practicing law.
From the Pennsylvania Bar Association --
As stated by the Supreme Court in Shortz v. Farrell:
"The object of the legislation forbidding practice to laymen is not to secure to lawyers a monopoly, however deserved, but, by preventing the intrusion of inexpert and unlicensed persons in the practice of law, to assure to the public adequate protection in the pursuit of justice, than which society knows no loftier aim." I promise you, trusted reader, and the state of Pennsylvania, that I am "inexpert and unlicensed" on the business/legal side of marriage.
That's why I tell couples to talk to a lawyer and an accountant. And I mean it!
I will happily talk about your relationship - we'll have intimate conversations about communications, expectations, and love. We'll talk about where, if anywhere, God and spirituality come into your lives together. We'll plan a unique and beautiful ceremony for you to publicly declare your commitment.
And if your state doesn't give you the right to marry the person you love, or if don't want me to sign a legal contract, you will be no less married in my eyes, nor in the eyes of your friends, family, church, or god (as you understand god).
I will add that the District of Columbia, and the City of New York, both do have official requirements confirming a clergy persons legitimacy. No internet ministers allowed. More on that perhaps in another post.
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