Paul Finkelman
Volokh, Eugene wrote:
I took a closer look at the New York statutes, and hereâs what I found:Domestic Relations Law sec. 12 provides that âNo particular form or ceremony is required when a marriage is solemnized as herein provided by a clergyman or magistrate, but the parties must solemnly declare in the presence of a clergyman or magistrate and the attending witness or witnesses that they take each other as husband and wife. In every case, at least one witness beside the clergyman or magistrate must be present at the ceremony.â Domestic Relations Law sec. 17 provides that âIf any clergyman or other person authorized by the laws of this state to perform marriage ceremonies shall solemnize or presume to solemnize any marriage between any parties without a license being presented to him or them as herein provided or with knowledge that either party is legally incompetent to contract matrimony as is provided for in this article he shall be guilty of a misdemeanor . . . .â Penal Law sec. 255.00 provides that âA person is guilty of unlawfully solemnizing a marriage[, a misdemeanor,] when: 1. Knowing that he is not authorized by the laws of this state to do so, he performs a marriage ceremony or presumes to solemnize a marriage; or 2. Being authorized by the laws of this state to perform marriage ceremonies and to solemnize marriages, he performs a marriage ceremony or solemnizes a marriage knowing that a legal impediment to such marriage exists.â Given this is so, wouldnât the minister be guilty simply by performing a religious marriage ceremony in which the parties solemnly declare (in front of the clergyman and at least one witness) that they take each other as husband and wife? It seems to me that the ministerâs performing the ceremony -- which, I stress again, simply involves speaking -- would be a crime whether or not he says âby the authority vested in mee by the State of New York.â The statute draws no distinction between marriages intended to be purely religious marriages and those intended to have legal significance. Or am I misreading the statutes? Eugene
_______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
-- Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189 918-631-3706 (office) 918-631-2194 (fax) [EMAIL PROTECTED]
_______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
