Bill Text: MI HB5319 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Family law: marriage and divorce; persons authorized to solemnize marriage; modify. Amends secs. 7 & 16 of 1846 RS 83 (MCL 551.7 & 551.16).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-17 - Referred To Committee On Government Operations [HB5319 Detail]
Download: Michigan-2023-HB5319-Introduced.html
HOUSE BILL NO. 5319
A bill to amend 1846 RS 83, entitled
"Of marriage and the solemnization thereof,"
by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 2014 PA 278 and section 16 as amended by 2006 PA 419.
the people of the state of michigan enact:
Sec. 7. (1) Marriages may be solemnized by any of the following:
(a) A district court judge, of the district court, anywhere in this state.
(b) A district court magistrate, anywhere in this state.
(c) A municipal judge, in the city in which the judge is serving or in a township over which a municipal court has jurisdiction under section 9928 of the revised judicature act of 1961, 1961 PA 236, MCL 600.9928.
(d) A probate judge, of probate, anywhere in this state.
(e) A judge of a federal court.
(f) A mayor of a city, anywhere in a county in which that city is located.
(g) A county clerk in the county in which the clerk serves, or in another county with the written authorization of the clerk of the other county.
(h) For a county having a population of more than 1,500,000, inhabitants, based on the 2010 federal decennial census, an employee of the county clerk's office designated by the county clerk, in the county in which the clerk serves.
(i) A minister of the gospel or religious leader, faith-based leader, cleric, or religious practitioner, anywhere in this state, if the minister or religious leader, faith-based leader, cleric, or religious practitioner is ordained or authorized to solemnize marriages according to the usages of the denomination.
(j) A minister of the gospel or religious leader, faith-based leader, cleric, or religious practitioner, anywhere in this state, if the minister or religious leader, faith-based leader, cleric, or religious practitioner is not a resident of this state but is authorized to solemnize marriages under the laws of the state in which the minister or religious leader, faith-based leader, cleric, or religious practitioner resides.
(k) A secular organization.
(l) A celebrant or officiant of a secular organization who is authorized by the secular organization to solemnize marriages.
(2) A person authorized by this act to solemnize a marriage shall must keep proper records and return licenses and certificates as required by section 4 of 1887 PA 128, MCL 551.104.
(3) If a mayor of a city solemnizes a marriage, the mayor shall must charge and collect a fee to be determined by the council of that city, which shall be paid to the city treasurer and deposited in the general fund of the city at the end of the month.
(4) If the county clerk or, in a county having a population of more than 1,500,000, inhabitants, based on the 2010 federal decennial census, an employee of the clerk's office designated by the county clerk solemnizes a marriage, the county clerk shall must charge and collect a fee to be determined by the commissioners of the county in which the clerk serves. The fee shall must be paid to the treasurer for the county in which the clerk serves and deposited in the general fund of that county at the end of the month.
(5) As used in this section, "secular organization" means an organization that occupies a place in the lives of the organization's members parallel to that filled by a church or particular religious authority.
Sec. 16. (1) A marriage solemnized before an individual professing to be a district judge, common pleas court judge, district court magistrate, municipal judge, probate judge, of probate, judge of a federal court, mayor, the county clerk, or, in a county having a population of more than 2,000,000 inhabitants, 1,500,000, based on the 2010 federal decennial census, an employee of the county clerk designated by the clerk to solemnize marriages, or a minister of the gospel or religious leader, faith-based leader, cleric, or religious practitioner, shall or a secular organization is not be considered or adjudged to be void, nor shall and the validity of the marriage be is not affected, on account of a want lack of jurisdiction or authority by that individual if the marriage was consummated with a full belief on the part of the individuals married, or either of them, that they were lawfully joined in marriage.
(2) As used in this section, "secular organization" means an organization that occupies a place in the lives of the organization's members parallel to that filled by a church or particular religious authority.
