Tennessee Code Annotated
“36-3-301. Persons who may solemnize marriages” states…
(a)
(1) All regular ministers,
preachers, pastors, priests, rabbis and other spiritual leaders of every
religious belief, more than eighteen (18) years of age, having the care of
souls, and all members of the county legislative bodies, county executives,
judges, chancellors, former chancellors and former judges of this state,
former county executives of this state, the governor, the speaker of the
senate and former speakers of the senate, the speaker of the house of
representatives and former speakers of the house of representatives, the
county clerk of each county and the mayor of any municipality in the state
may solemnize the rite of matrimony. For
the purposes of this section, the several judges of the
United States
courts, including
United States
magistrates and
United States
bankruptcy judges, who are citizens of
Tennessee
are deemed to be judges of this state. The amendments to this section by Acts 1987, ch. 336 which applied
provisions of this section to certain former judges do not apply to any
judge who has been convicted of a felony or who has been removed from
office.
(2) In
order to solemnize the rite of matrimony, any such minister, preacher,
pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or
other religious group or organization; and such customs must provide for
such ordination or designation by a considered, deliberate, and responsible
act.
(3)
If
any marriage has been entered into by license issued pursuant to this
chapter at which any minister officiated before
June 1, 1999, such marriage shall not be invalid because the requirements of the
preceding subdivision (2) have not been met.
(b) The
traditional marriage rite of the Religious Society of Friends (Quakers),
whereby the parties simply pledge their vows one to another in the presence
of the congregation, constitutes an equally effective solemnization.
(c) Any
gratuity received by a county executive, county clerk or municipal mayor for
the solemnization of a marriage, whether performed during or after such
person’s regular working hours, shall be retained by such person as
personal renumeration for such services, in addition to any other sources of
compensation such person might receive, and such gratuity shall not be paid
into the county general fund or the treasury of such municipality.
(d) If
any marriage has been entered into by license regularly issued at which a
county executive officiated prior to
April 24, 1981, such marriage shall be valid and is hereby
declared to be in full compliance with the laws of this state.
(e) For
the purposes of this section, “retired judges of this state” is
construed to include persons who served as judges of any municipal or county
court in any county which has adopted a metropolitan form of government and
person who served as county judges (judges of the quarterly county court)
prior to the 1978 constitutional amendments.
(f)
If
any marriage has been entered into by license regularly issued at which a
retired judge of this state officiated prior to
April 13, 1984
, such marriage shall be valid and is hereby
declared to be in full compliance with the laws of this state.
(g)
If
any marriage has been entered into by license issued pursuant to this
chapter at which a judicial commissioner officiated prior to
March 28, 1991, such marriage is valid and is declared to
be in full compliance with the laws of this state.
(h) The
judge of the general sessions court of any county, and any former judge of
any general sessions court, may solemnize the rite of matrimony in any
county of this state. Any
marriage performed by any judge of the general sessions court in any county
of this state before
March 16, 1994
, shall be valid and declared to be in full
compliance with the laws of this state.
(i)
All
elected officials and former officials, who are authorized to solemnize the
rite of matrimony pursuant to the provisions of subsection (a), may
solemnize the rite of matrimony
in any county of this state.
(j)
If
any marriage has been entered into by license issued pursuant to this
chapter at which a county executive officiated outside such executive’s
county prior to
May 29, 1997, such marriage is valid and is declared to
be in full compliance with the laws of this state.