GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                     1

SENATE BILL 992

Short Title:        Authorize Mayors to Solemnize Marriage.		(Public)
Sponsors:	Senators Davis;  Apodaca, Kinnaird, Snow, Stein, and Stevens.
Referred to:	Judiciary I.

March 26, 2009

A BILL TO BE ENTITLED

AN ACT to authorize mayors to solemnize marriages if authorized by local ordinance.

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, or a magistrate;a magistrate, or a mayor authorized by local ordinance to solemnize marriages; and

b.         With the consequent declaration by the minister or magistrate minister, magistrate, or mayor 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 is effective when it becomes law.