Alabama Marriage Laws

Current Code Overview for Marriage Celebrants, Officiants, and Ministers

Section 13A-13-6: Endangering welfare of child.

(b) A person does not commit an offense under Section 13A-13-4 or this section for the sole reason he provides a child under the age of 19 years or a dependent spouse with remedial treatment by spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical treatment.

Section 13A-14-4: Fraudulently pretending to be clergyman.

Whoever, being in a public place, fraudulently pretends by garb or outward array to be a minister of any religion, or nun, priest, rabbi or other member of the clergy, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $500.00 or confinement in the county jail for not more than one year, or by both such fine and imprisonment.

Section 30-1-7: Persons authorized to solemnize marriages.

(a) Generally. Marriages may be solemnized by any licensed minister of the gospel in regular communion with the Christian church or society of which the minister is a member; by an active or retired judge of the Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, any circuit court, or any district court within this state; by a judge of any federal court; or by an active or retired judge of probate.

(b) Marriage may also be solemnized by the pastor of any religious society according to the rules ordained or custom established by such society. The clerk or keeper of the minutes of each society shall keep a register and enter therein a particular account of all marriages solemnized by the society, which register, or a sworn copy thereof, is presumptive evidence of the fact.

(c) The people called Mennonites, Quakers, or any other Christian society having similar rules or regulations, may solemnize marriage according to their forms by consent of the parties, published and declared before the congregation assembled for public worship.

Operational Note: While this text remains in the printed code book, its procedural weight has been completely removed by Alabama Act 2019-340. Because the state completely abolished traditional marriage licenses and all requirements for formal solemnization to validate a marriage, weddings are now strictly ceremonial events. Anyone or no one can host the ceremony, and officiants do not sign or submit legal paperwork to the state.

Section 30-1-8: Fee for performing marriage.

Any person authorized under this chapter to celebrate the rites of matrimony is entitled to $2.00 for each marriage solemnized.

Section 30-1-11: Penalty for solemnization of marriage without license.

[Text Removed via Repeal]

REPEALED: This section was formally repealed by Act 2019-340. Marriage licenses no longer exist in the State of Alabama, rendering all penalties associated with officiating without one completely obsolete.

Section 30-1-14: Failure of minister, etc., to return marriage certificate to probate judge.

[Text Removed via Repeal]

REPEALED: This section was formally repealed by Act 2019-340. Officiants bear no legal responsibility or penalties related to returning or filing marriage records. Marriages are recorded directly by the spouses through a notarized contract filed with the local probate office.

Section 30-1-19: Alabama Marriage Protection Act (Same-Sex Restrictions).

(a) This section shall be known and may be cited as the "Alabama Marriage Protection Act." ... (b) A marriage contracted between individuals of the same sex is invalid in this state.

VOID / UNCONSTITUTIONAL: This statute was rendered entirely unconstitutional and unenforceable under the binding United States Supreme Court precedent in Obergefell v. Hodges. Same-sex couples hold identical legal marriage rights and processing recognition across all counties within Alabama.

Section 22-50-17: Minister Counseling (Facility Licensing).

No person, partnership, corporation, or association of persons shall operate a facility or institution for the care or treatment of any kind of mental or emotional illness or services to the mentally retarded as defined in this chapter, without being certified by the department or licensed by the State Board of Health; provided that nothing in this section shall be construed so as to require a duly authorized physician, psychiatrist, psychologist, social worker or Christian Science practitioner to obtain a license for treatment of patients in his private office, unless he keeps two or more patients in his office for continuous periods of 24 hours or more in one week.

Section 34-17A-5: Exemptions (Marriage and Family Therapists).

(6) A minister of religion or a nurse when practicing within the scope of his or her expertise.

(b) Nothing in this chapter shall be construed to prevent qualified members of other licensed professional groups, including, social workers, attorneys, psychiatric nurses, psychologists, physicians, or professional counselors, or members of the clergy, from providing or advertising that they provide marriage and family therapy or counseling consistent with the accepted standards of their respective professions.

(c) Nothing in this chapter shall be construed to permit marriage and family therapists licensed pursuant to this chapter to administer, dispense, or prescribe drugs, or in any manner engage in the practice of medicine as defined by the laws of this state.

Section 34-30-21: Exemptions from licensing requirements (Social Workers).

(a) Nothing in this chapter shall be construed to prevent qualified physicians, surgeons, psychologists, psychotherapists, attorneys, marriage counselors, family counselors, school counselors or members of the clergy or any other individual from doing work within the standards and ethics of their respective professions and calling; provided, that they shall not hold themselves out to the public by any title or description of service as being engaged in the practice of social work.