Virginia Marriage Laws

Current Code Overview for Marriage Celebrants, Officiants, and Ministers

Section 20-13.2: Marriage lawful regardless of sex, gender, or race of parties.

No person authorized by § 20-14 to issue a marriage license shall deny the issuance of such license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties. Such lawful marriages shall be recognized in the Commonwealth regardless of the sex, gender, or race of the parties. Religious organizations and members of the clergy acting in their religious capacity shall have the right to refuse to perform any marriage.

Section 20-23: Order authorizing ministers to perform ceremony.

When a minister of any religious denomination produces before the circuit court of any county or city in this Commonwealth, or before the judge or clerk of such court at any time, proof of ordination and of regular communion with their religious society, or proof of holding a local minister's license and serving as a regularly appointed pastor, such court, judge, or clerk may make an order authorizing such minister to celebrate the rites of matrimony in this Commonwealth. Once registered, authorization is statewide. Any order made under this section may be rescinded at any time by the court or judge thereof.

Section 32.1-267.C & Section 20-24: Duty to file record and penalties.

Every person who officiates at a marriage ceremony shall certify to the facts of marriage and file the record in duplicate with the officer who issued the marriage license within five days after the ceremony. Failure to certify and return the record subjects the officiant to statutory fines.

Section 20-27: Fee for celebrating marriage and expenses.

Any person authorized to celebrate the rites of marriage shall be permitted to charge parties a fee for the ceremony not to exceed seventy-five dollars ($75), along with allowable travel expenses to and from the site. The actual cost of the ceremony together with travel expenses must be disclosed to the parties at least three days prior to the ceremony.

Section 20-28: Penalty for celebrating marriage without license.

If any person knowingly performs the ceremony of marriage without lawful license, or officiates in celebrating the rites of marriage without being authorized by law to do so, they shall be confined in jail not exceeding one year, and fined not exceeding $500.

Section 20-21 & Section 20-22: Unreturned licenses and Commonwealth's Attorney review.

Circuit court clerks must furnish a list to the attorney for the Commonwealth by March 31 of each year detailing all marriage licenses issued during the preceding calendar year that have not been returned by the officiant. The Commonwealth's Attorney may summon individuals before the circuit court to investigate unreturned certificates.