Who may solemnize marriage
- personal payment
(1)As used in this section:
(a)“Judicial officer” means:
(A)A judicial officer of this state as that term is defined in ORS 1.210 (Judicial officer defined) and includes but is not limited to a judge of a municipal court and a justice of the peace.
(B)An active judge of a federal court.
(C)An active United States magistrate judge.
(b)“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.
(2)Marriages may be solemnized by:
(a)A judicial officer;
(b)A county clerk;
(c)Religious congregations or organizations as indicated in ORS 106.150 (Form of solemnization) (2);
(d)A clergyperson of any religious congregation or organization who is authorized by the religious congregation or organization to solemnize marriages;
(e)Secular organizations as indicated in ORS 106.150 (Form of solemnization) (2); or
(f)A celebrant or officiant of any secular organization described in paragraph (e) of this subsection who is authorized by the secular organization to solemnize marriages.
(3)A person authorized to solemnize marriages under subsection (2) of this section may solemnize a marriage anywhere in this state.
(4)(a) When a marriage is solemnized by a tax, appellate or circuit judge of this state, the clerk of the court or the county clerk shall collect a fee of $117 and deposit the fee in the Judicial Department Operating Account established in ORS 1.009 (Judicial Department Operating Account).
(b)When a marriage is solemnized by a county clerk, the county clerk shall collect a fee of $117, as provided in ORS 205.320 (Fees collected by county clerk).
(c)The fee described in this subsection may be collected only if:
(A)The marriage is solemnized during normal working hours, excluding holidays;
(B)The marriage is solemnized in court facilities or a county clerk’s office; or
(C)More than a minimal amount of staff time or other court or county clerk’s office resources are used in connection with the solemnization.
(d)The Chief Justice of the Supreme Court or the county clerk may establish a written procedure for waiver of the fee required under this subsection in exigent circumstances, including but not limited to indigency of the parties to the marriage.
(5)In addition to any fee collected under subsection (4) of this section, a judicial officer of this state and a county clerk may charge and accept an agreed upon personal payment not to exceed $100 plus actual costs for the solemnization of a marriage if that solemnization is performed:
(a)At a place other than the courthouse where the judicial officer or county clerk serves; or
(b)Outside of the judicial officer’s or county clerk’s normal working hours.
(6)The charging and accepting of a personal payment by a judicial officer of this state or a county clerk under subsection (5) of this section does not constitute a violation of any of the provisions of ORS chapter 244.
(7)The amount of actual costs charged by a judicial officer of this state or a county clerk under subsection (5) of this section may not exceed:
(a)Actual expenses for food and lodging as verified by receipts.
(b)If travel is made by personal vehicle, the actual number of round-trip miles from the judicial officer’s or county clerk’s home or office, whichever is greater, compensated at the rate of reimbursement then provided by the State of Oregon to its employees or, if travel is made by a commercial carrier, reimbursement shall be made of the actual costs thereof, verified by receipts.
(8)A judicial officer of this state or a county clerk shall maintain records of the amount of personal payments received for performing marriages, of actual costs and the supporting documentation related thereto for a period of four years.
(9)The parties to a marriage solemnized by a tax, appellate or circuit judge of this state shall show to the judge proof of payment of the fee required under subsection (4)(a) of this section before solemnization. Except as provided in subsection (4)(d) of this section, the judge may not solemnize a marriage without proof of payment of the fee. [Amended by 1971 c.621 §22; 1975 c.607 §22; 1977 c.518 §2; 1979 c.724 §3; 1979 c.833 §24; 1981 c.176 §1; 1991 c.282 §1; 1991 c.458 §1; 1997 c.424 §1; 1999 c.776 §1; 2001 c.501 §1; 2003 c.565 §1; 2003 c.737 §111; 2011 c.595 §89; 2013 c.685 §§42,42a; 2014 c.76 §13; 2017 c.61 §1; 2017 c.663 §22; 2019 c.605 §22]
Notes of Decisions
Regulation of marriage is exclusively within province of state's legislative power. Li v. State of Oregon, 338 Or 376, 110 P3d 91 (2005)