I recently officiated a wedding for a couple in Ohio. After the ceremony I asked them for the marriage license so I could sign it, however, they told me that they had failed to obtain a license. I just wanted to know what they should do and whether I will face legal consequences for performing the ceremony?
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Why would you face legal consequences? It's the marriage license that makes them legally married, not the random words spoken by you.– BarmarCommented Sep 24 at 16:10
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3@Barmar Not quite. A ceremony conducted by a qualified officiant after the marriage license issued is make makes them legally married. The officiant and the witnesses then sign on the marriage license that the ceremony was conducted at such and such time and place by such and such qualified officiant. In civil law countries, in contrast, the city hall document is the secular marriage from the date it is submitted and the ceremony is just for show with no legal significance.– ohwillekeCommented Sep 24 at 16:26
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4Note to self: ask for license before performing ceremony.– phoogCommented Sep 25 at 10:05
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1 Answer
Short Answer
I just wanted to know what they should do and whether I will face legal consequences for performing the ceremony?
They should get a marriage license, and have a second low key ceremony with witnesses to make it a legal marriage, as soon as reasonably possible.
You should also make clear to them that they are not legally married and should not do anything claiming to be married until they actually are married.
You could face legal consequences for performing the ceremony (which was a misdemeanor), although it is unlikely that the prosecutor will press the case if no harm is done and it gets straightened out quickly.
Long Answer
Marriage in Ohio is governed by Chapter 3101 of the Ohio Revised Statutes. Ohio Revised Statutes § 3101.09, within that chapter, states:
No person, except those legally authorized, shall attempt to solemnize a marriage, and no marriage shall be solemnized without the issuance of a license.
Ohio Revised Statutes § 3101.99, within that chapter, states:
(A) Whoever violates division (B) of section 3101.05 of the Revised Code is guilty of a violation of section 2921.13 of the Revised Code. Whoever violates any other provision of section 3101.05 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 3101.09 of the Revised Code shall be fined five hundred dollars and imprisoned not more than six months.
(C) Whoever violates section 3101.13 of the Revised Code shall be fined not more than fifty dollars
So, in this situation, officiating a marriage in Ohio for people who do not have a marriage license is a misdemeanor punishable by a fine of up to $500 and up to six months in jail.
There are no reported appellate cases interpreting either Section 3101.09 or Section 3101.99, which might have been helpful in determining if this is a "strict liability" offense, or whether there is some other level of intent, such as criminal negligence, recklessness, or actual knowledge, that one was acting unlawfully, which is necessary to give rise to criminal liability.
As a practical matter, if you have made clear to the couple that they aren't legally married and need to promptly cure this problem, it would be surprising for a prosecutor to bring a case, or for anyone else to press charges. But, stranger things have happened.
If the couple did something purporting to be married when they weren't legally married, because they didn't fully understand that they weren't married, or if they received some benefit that they weren't otherwise entitled to, to the detriment of whomever gave them that benefit, the likelihood of a prosecution is much more significant.
Footnote
If this had happened in a common law marriage state, such as Colorado or the District of Columbia, they would be legally married, despite not having obtained a valid marriage license.
