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2016 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 20-23, 20-25, and 20-26 of the Code of Virginia are amended and reenacted as follows:
§ 20-23. Order authorizing ministers to perform ceremony.
When a minister of any religious denomination shall produce
produces before the circuit court of any county or city in this
the Commonwealth, or before the judge of such court or before the clerk of
such court at any time, proof of his ordination and of his being in regular
communion with the religious society of which he is a reputed member, or proof
that he is commissioned to pastoral ministry or holds a local minister's
license and is serving as a regularly appointed pastor in his denomination,
such court, or the judge thereof, or the clerk of such court at any time, may
make an order authorizing such minister to celebrate the rites of matrimony in
this the Commonwealth. Any order made under this section may be
rescinded at any time by the court or by the judge thereof. No oath shall be
required of a minister authorized to celebrate the rites of matrimony, nor
shall such minister be considered an officer of the Commonwealth by
virtue of such authorization.
§ 20-25. Persons other than ministers who may perform rites.
Upon petition filed with the clerk and payment of applicable
clerk's fees, any circuit court judge may issue an order authorizing one or
more persons, resident in the circuit in which the judge sits, to
celebrate the rites of marriage in the Commonwealth. Any person so authorized
shall, before acting, enter into bond in the penalty of $500, with or without
surety, as the court may direct. Any order made under this section may be
rescinded at any time. No oath shall be required of a person authorized to
celebrate the rites of marriage, nor shall such person be considered an officer
of the Commonwealth by virtue of such authorization.
Any judge or justice of a court of record, any judge of a
district court or, any retired judge or justice of the
Commonwealth or, and any active, senior, or retired
federal judge or justice who is a resident of the Commonwealth may celebrate
the rites of marriage anywhere in the Commonwealth without the necessity of
bond or order of authorization.
§ 20-26. Marriage between members of religious society having no minister.
Marriages between persons belonging to any religious society which has no ordained minister, may be solemnized by the persons and in the manner prescribed by and practiced in any such society. One person chosen by the society shall be responsible for completing the certification of marriage in the same manner as a minister or other person authorized to perform marriages; such person chosen by the society for this purpose shall be required to execute a bond in the penalty of $500, with surety. No oath shall be required of a person authorized to celebrate the rites of marriage, nor shall such person be considered an officer of the Commonwealth by virtue of such authorization.