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2023 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 20-25 of the Code of Virginia is amended and reenacted as follows:
§ 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 such clerk may issue an
order authorizing one or more persons resident in the circuit in which the
judge sits such petition was filed 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
clerk may direct; however, upon a showing that the person would
otherwise be qualified for in forma pauperis status, the clerk may waive such
bond. Any order made under this section may be rescinded at any time.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, any retired judge or justice of the Commonwealth, any active, senior, or retired federal judge or justice who is a resident of the Commonwealth, and any current (i) member of the General Assembly, (ii) Governor of Virginia, (iii) Lieutenant Governor of Virginia, and (iv) Attorney General of Virginia may celebrate the rites of marriage anywhere in the Commonwealth without the necessity of bond or order of authorization.
2. That the State Registrar shall amend the form furnished for a marriage license to include as the celebrant on such marriage license any person authorized by § 20-25 of the Code of Virginia, as amended by this act, to perform rites of marriage.