Can my online ordained officiant legally perform my wedding ceremony?
Yes, as long as they get a single use permit as as described in NY State Legislation A06300. The permit, never before available to online officiants, makes it legal for them to sign the license.
The new Bill does not address whether couples married by an online officiant will be grandfathered in, leaving it on a case by case basis for a court to decide should the validity of a marriage be questioned.
If it were already legal, and anyone could click on a link to perform a wedding ceremony, there wouldn’t be couples who have been disenfranchised. There also wouldn’t have been legislation before our state legislature in Albany for many years trying to make it legal, or at least expand on who can legally perform marriage ceremonies in New York State.
State Senate Bill S430 was the last proposal to fail when it comes to attempts expand who was the right to officiate weddings to include online-ordained officiants and others who want to perform ceremonies.
The 4 previous bills that have failed to pass are also listed in the above link on New York State’s website.
For more documentation of the couples disenfranchised and wills contested, scroll down to the article from the Nassau County Bar Association’s Law Journal or follow along for a recap.
Below is our original article. A lot of it still applies to online officiants, but concerns can be mitigated by the procurement of a single-event permit.
There is no such thing as license or registration issued by the State of New York for officiants. There is only the single-event permit now being issued. A claim of being “licensed” or of holding a statewide registration is often a red flag that an officiant may be ordained online. Some officiants will display their NYC Registrations, which clearly say right on it that they are ONLY valid for ceremonies performed within the City of New York.
Here on Long Island, Online Ordinations have become very popular among “professionals” and non-professionals alike. DJ’s, banquet managers, receptionists, even some long time officiants may not actually have the authority to marry in New York State. So, even if you’ve received an officiant recommendation from your catering hall, be sure to always check their credentials. It you google or look up where their ordination came from, and after going to that website, it says “Click Here to Become A Wedding Officiant”, odds are good that you should get legally married by someone truly qualified before allowing them to perform your public ceremony.
When Heather, the founder of Brides of Long Island, was in the corporate world, she saw her boss refuse to give health care to the new spouse of one of his employees. He knew that they were married by a friend, and he also knew that it wasn’t legal for that friend to sign the marriage license. Therefore they were not entitled to healthcare.
In 2017, the Towns of Smithtown and Islip limited their officiants list to only those with Civil Authority. This is because of the liability issues created by recommending someone to perform a service that may or may not be legal. Smithtown and Islip now only give information for sitting Judges, acting Mayors, appointed Marriage Officers and Clerks currently in office.
Some of the catering halls that we work for have been asked by their lawyers to keep our credentials on file. This is because of the liability issues created if their recommended of officiant did not meet New York State’s requirements. When you call Town Hall and ask if online officiants are legal, all they say is “This is a question to ask your lawyer.” or “I don’t think it will ever be a problem”. Some will go as far as to say that the license will be processed, because it’s largely an honor system and there is no registration required on behalf of the officiant.
However, having a Certificate of Marriage does not necessarily mean that the marriage cannot be contested and potentially declared invalid. The question you really want to ask the Clerk is “If we are married by someone who is ordained online, could the validity of the marriage later be questioned in a court of law?” The answer to that is, “YES”, and a bibliography of just some of those disenfranchised by not being properly married is available in the article below, listed case by case.
My advice is, if you really want your friend to get ordained online to perform your ceremony, just get legally married at town hall first or get a single use permit, if you qualify. Then do whatever you want for the public ceremony. There are many samples on our site that you are welcome to use. If you want to be legally married in front of family and friends, then hire someone who is legal to marry you. If you have been married by someone ordained online, go down to Town Hall and get legally married. Or you can call us, we have options on how to make your marriage legal too.
For those who want to skip right to the researchable documentation, the list of current court cases and legal precedents are in the article published in 2018 in the Nassau Lawyer – which is the Nassau County Bar Association’s Law Journal – at the bottom of this page. It has more footnotes than I cared to look up, but is clear in the legal status of online officiants in New York State.
A wedding is a once in a lifetime event to celebrate a lifetime of marriage. There should be no reason to wonder if you are actually married or not… Making good choices from the beginning is a far better decision than wondering what to do after the fact. Does, “click here and you’re in business”, sound too good to be true? Trust your first instinct. It is too too good to be true. Does it say on the ordination website that you can perform weddings anywhere and everywhere? Of course it does! That’s how those sites make their money.
Remember also that the personal integrity of the person you choose as your officiant is important. This is the person that you are trusting, not just with your ceremony, but also with your your social security number and your mother’s maiden name when you hand them the marriage license.
The primary reason that online ordinations are particularly frowned upon is that there is absolutely NO identification process in issuing those credentials. The fact that anyone could get ordained with any name – including using your name as theirs – is, frankly, a matter of National Security. The information on a marriage license is enough to create full documents for identity theft. NYS needs to protect its residents as much as possible.
As an example I had Sebastian Basset ordained in 2015. As an example I had Sebastian Basset ordained in 2015.