GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                    1

HOUSE BILL 16

Short Title:     Retired Judge May Perform Marriage.		(Public)
Sponsors:	Representatives Tucker;  Bell and Earle.
Referred to:	Rules, Calendar, and Operations of the House.

February 2, 2009

A BILL TO BE ENTITLED

AN ACT allowing a retired judge to perform marriage ceremonies.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 51‑1 reads as rewritten:

"§ 51‑1.  Requisites of marriage; solemnization.

A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either:

(1)        a.         In the presence of an ordained minister of any religious denomination, a minister authorized by a church, retired judge of the General Court of Justice, or a magistrate; and

b.         With the consequent declaration by the minister minister, retired judge of the General Court of Justice, or magistrate that the persons are husband and wife; or

(2)        In accordance with any mode of solemnization recognized by any religious denomination, or federally or State recognized Indian Nation or Tribe.

Marriages solemnized before March 9, 1909, by ministers of the gospel licensed, but not ordained, are validated from their consummation."

SECTION 2.  This act becomes effective February 27, 2009, and expires March 1, 2009.