As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 591


Representative Foley 

Cosponsor: Representative Hagan, R. 

A BILL
To amend sections 3101.08, 3101.10, 3101.11, and 1
3101.12 of the Revised Code to allow any person or 2
entity that registers with the secretary of state 3
to solemnize marriages.4


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3101.08, 3101.10, 3101.11, and 5
3101.12 of the Revised Code be amended to read as follows:6

       Sec. 3101.08. An ordained or licensed minister of any 7
religious society or congregation within this state who is 8
licensed to solemnize marriages, a judge of a county court in 9
accordance with section 1907.18 of the Revised Code, a judge of a 10
municipal court in accordance with section 1901.14 of the Revised 11
Code, a probate judge in accordance with section 2101.27 of the 12
Revised Code, the mayor of a municipal corporation in any county 13
in which such municipal corporation wholly or partly lies, the 14
superintendent of the state school for the deaf, or any religious 15
society in conformity with the rules of its church,The following 16
persons or entities may join together as husband and wife any 17
persons who are not prohibited by law from being joined in 18
marriage.:19

       (A) An ordained or licensed minister of any religious society 20
or congregation within this state who is licensed to solemnize 21
marriages;22

        (B) A judge of a county court in accordance with section 23
1907.18 of the Revised Code;24

        (C) A judge of a municipal court in accordance with section 25
1901.14 of the Revised Code;26

        (D) A probate judge in accordance with section 2101.27 of the 27
Revised Code;28

        (E) The mayor of a municipal corporation in any county in 29
which such municipal corporation wholly or partly lies;30

        (F) The superintendent of the state school for the deaf;31

        (G) Any religious society in conformity with the rules of its 32
church;33

        (H) Any other person or entity that has registered to 34
solemnize marriages with the secretary of state.35

       Sec. 3101.10. (A) A minister upon producing to the secretary 36
of state, credentials of the minister's being a regularly ordained 37
or licensed minister of any religious society or congregation, 38
shall be entitled to receive from the secretary of state a license 39
authorizing the minister to solemnize marriages in this state so 40
long as the minister continues as a regular minister in that 41
society or congregation. A minister shall produce for inspection 42
the minister's license to solemnize marriages upon demand of any 43
party to a marriage at which the minister officiates or proposes 44
to officiate or upon demand of any probate judge.45

       (B) Any other person or entity that wishes to solemnize 46
marriages shall register with the secretary of state and the 47
secretary of state shall issue a license authorizing the person or 48
entity to solemnize marriages in this state. The person shall 49
produce for inspection the person's license to solemnize marriages 50
or, if applicable, the license of the entity on behalf of which 51
the person is solemnizing marriages, upon demand of any party to a 52
marriage at which the person officiates or proposes to officiate 53
or upon demand of any probate judge.54

       Sec. 3101.11.  The secretary of state shall enter the name of 55
a minister licensed to solemnize marriages or any other person or 56
entity that registered with the secretary of state under section 57
3101.10 of the Revised Code and is licensed to solemnize marriages58
upon a record kept in the office of the secretary of state.59

       Sec. 3101.12.  When the name of a minister licensed to60
solemnizedsolemnize marriages or the name of any other person or 61
entity that registered with the secretary of state under section 62
3101.10 of the Revised Code and is licensed to solemnize marriages63
is entered upon the record by the secretary of state, such record 64
and the license issued under section 3101.10 of the Revised Code 65
shall be evidence that such minister, person, or entity is 66
authorized to solemnize marriages in this state.67

       Section 2.  That existing sections 3101.08, 3101.10, 3101.11, 68
and 3101.12 of the Revised Code are hereby repealed.69