Who Can Legally Marry You?

Your big day is approaching and you and your fiancee are probably thinking about who you will want to officiate your wedding. Maybe your best friend's husband, or your Uncle Pete can do it. They're ordained online. That should be fine, right? Maybe not. Pennsylvania has some different laws than other states when it comes to getting hitched. The short answer to that is - BE CAREFUL. 

Persons who have been ordained over the Internet may not be persons permitted to perform marriages in Pennsylvania. A recent Court decision held that persons ordained over the Internet are not ministers as defined in the marriage law of Pennsylvania if they do not regularly preach to a congregation that regularly meets at a place of worship.  You are advised to consult an attorney concerning the legality of such marriages. Be advised, if you choose to be married by someone other than the officiants specifically listed as authorized by PA law, the burden of proof will be on you regarding the legality of your marriage - should future issues arise that require a determination of the marriage's validity.  To be recognized as legal by the Commonwealth of Pennsylvania, marriages must be performed under a valid marriage license duly issued by a Clerk of Orphans’ Court & must be officiated by one of the following individuals specifically recognized under Pennsylvania law as authorized to officiate, to wit:  

§ 1503. Persons qualified to solemnize marriages. 

(a) General rule.--The following are authorized to solemnize marriages between persons that produce a marriage license issued under this part: 

1. A justice, judge or district justice of this Commonwealth.  

2. A former or retired justice, judge or district justice of this Commonwealth who is serving as a senior judge or senior district justice as provided or prescribed by law; or not serving as a senior judge or senior magisterial district judge but meets the following criteria: (i) has served as a magisterial district judge, judge or justice, whether or not continuously or on the same court, by election or appointment for an aggregate period equaling a full term of office; (ii) has not been defeated for reelection or retention; (iii) has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to any misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation; (iv) has not resigned a judicial commission to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies or by the Judicial Conduct Board; (v) has not been removed from office by the Court of Judicial Discipline; and (vi) is a resident of this Commonwealth. 

3. An active or senior judge or full-time magistrate of the District Courts of the United States for the Eastern, Middle or Western District of Pennsylvania.  

4. An active or senior judge of the United States Court of Appeals for the Third Circuit who is a resident of this Commonwealth.  

5. A mayor of any city or borough of this Commonwealth. (5.1) A former mayor of a city or borough of this Commonwealth who: (i) has not been defeated for reelection; (ii) has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to a misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or any one of its possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation; (iii) has not resigned the position of mayor to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies; (iv) has served as a mayor, whether continuously or not, by election for an aggregate of a full term in office; and (v) is a resident of this Commonwealth.  

6. A minister, priest or rabbi of any regularly established church or congregation

For my husband and I's wedding last year, we called on a local judge in Renovo, PA who did an excellent job and even made the trip up the mountain to marry us at our cabin above Kettle Creek State Park. He was excellent. He let us tell him what direction we wanted to ceremony to go in and the whole process was really easy and since he's a judge his office was on top of all the paperwork, even when I accidentally left my marriage license at home. Yes, that happened. I was two and a half hours away from home. The judge worked with us and took pity on this stressed out bride-to-be.

Do what works for you. If you do decide to have a friend or loved one perform the ceremony, just be sure it's within the laws laid out above, and if you are unsure, call an attorney or your county's Orphans' Court and ask. You will be glad you did.