37:1-13 Authorization to solemnize marriages and civil unions.
37:1-13. a. Authorization to solemnize marriages and civil unions.
Each judge of the United States Court of Appeals for the Third Circuit, each judge of a federal district court, United States magistrate, judge of a municipal court, judge of the Superior Court, judge of the Tax Court, administrative law judge, retired judge of the Superior Court or Tax Court, retired administrative law judge, or judge of the Superior Court or Tax Court, the former County Court, the former County Juvenile and Domestic Relations Court, or the former County District Court who has resigned in good standing, surrogate of any county, county clerk, and any mayor or former mayor not currently serving on the municipal governing body or the deputy mayor when authorized by the mayor, or chairman of any township committee or village president of this State, every member of the clergy of every religion, and any civil celebrant who is certified by the Secretary of State to solemnize marriages or civil unions as set forth in subsection b. of this section, are hereby authorized to solemnize marriages or civil unions between such persons as may lawfully enter into the matrimonial relation or civil union; and every religious society, institution or organization in this State may join together in marriage or civil union such persons according to the rules and customs of the society, institution or organization.
b. A civil celebrant shall be authorized to solemnize marriages or civil unions if certified to do so by the Secretary of State.
(1) A civil celebrant shall receive a certification from the Secretary of State to solemnize marriages or civil unions if the celebrant:
(a) is at least 18 years of age and has graduated from a secondary school in this State or another state;
(b) has completed a civil celebrant course offered by a non-denominational or educational charitable organization that is registered with the State under the "Charitable Registration and Investigation Act," P.L.1994, c.16 (C.45:17A-18 et seq.), and which course:
(i) includes classes that meet weekly or with more frequency, either administered in person or by other means, over a period of not less than six months; and
(ii) educates on topics including, but not limited to, celebrant philosophy and history, ceremonial structure, and ceremonial presentations; and
(c) (i) submits a completed application form, developed by the secretary pursuant to regulation, which includes the name and address of the celebrant-applicant along with any other relevant information on the celebrant-applicant required by the secretary, and supporting documentation with respect to all certification requirements set forth in this subsection; and
(ii) pays to the Department of State, at the time of submitting the completed application, a fee of not less than $50 or more than $75, as determined by the secretary by regulation, to cover costs for processing applications, producing and issuing certificates, and maintaining records on applications and certificates issued or denied.
(2) (a) A celebrant-applicant shall not be authorized to solemnize marriages or civil unions until the application for certification is approved and the certificate received from the secretary.
(b) A civil celebrant who has received a certification from the secretary may have that certification revoked, through a hearing before an administrative law judge, if the secretary determines that any information provided in the celebrant's application was inaccurate or otherwise did not comply with the certification requirements set forth in this subsection. A civil celebrant subject to a revocation hearing before an administrative law judge or any appeal thereof shall not be authorized to solemnize marriages or civil unions, and shall only again be authorized to do so if a final determination is made permitting the civil celebrant to retain the certification.
amended 1948, c.334, s.1; 1949, c.7, s.1; 1953, c.34, s.3; 1964, c.68; 1965, c.36; 1976, c.36; 1979, c.38; 1979, c.93; 1979, c.166, s.1; 1983, c.159; 1983, c.503; 1989, c.111; 1991, c.404; 1993, c.126; 1993, c.324; 1998, c.24; 2001, c.143; 2006, c.103, s.17; 2013, c.242; 2013, c.243; 2016, c.61.
Structure New Jersey Revised Statutes
Title 37 - Marriages and Married Persons
Section 37:1-1 - Certain marriages or civil unions prohibited.
Section 37:1-1.1 - Findings, declarations regarding same-sex marriage.
Section 37:1-2 - Necessity of marriage or civil union license; "licensing officer" defined.
Section 37:1-3 - Where marriage or civil union license to be obtained.
Section 37:1-4 - Issuance of marriage or civil union license, emergencies, validity.
Section 37:1-6 - Prohibition of issuance of marriage, civil union license to minor.
Section 37:1-7 - Issuing of license; remarriage or reaffirming a civil union.
Section 37:1-9 - When issuance of license prohibited.
Section 37:1-10 - Common law and other marriages without license; validity
Section 37:1-11 - Illegal issuance of license a disorderly persons offense.
Section 37:1-12 - Fees; disposition in cities of first class.
Section 37:1-12.1 - Additional fee.
Section 37:1-12.2 - Trust fund to aid victims of domestic violence.
Section 37:1-12.3 - Rules and regulations
Section 37:1-13 - Authorization to solemnize marriages and civil unions.
Section 37:1-13.2 - Marriages solemnized by judge of court of record; validation
Section 37:1-14 - Certain marriages validated
Section 37:1-15 - Solemnizing without presentation of license; disorderly persons offense.
Section 37:1-16 - Interrogation of applicants under oath; perjury.
Section 37:1-17 - Marriage or civil union license; information provided.
Section 37:1-17.1 - License and certificate of marriage or civil union; transmittal.
Section 37:1-17.2 - Delayed reports; filing; contents; affidavits; evidence.
Section 37:1-17.3 - Entry into marriage, civil union by proxy under certain conditions.
Section 37:1-18 - Penalty for false certificate.
Section 37:1-19 - Penalty; how recovered.
Section 37:1-27 - Tests; information; distribution by issuer of marriage or civil union licenses.
Section 37:1-28 - Findings, declarations concerning civil unions.
Section 37:1-29 - Definitions relative to civil unions.
Section 37:1-30 - Criteria for establishment of civil union.
Section 37:1-33 - References to marital or spousal relationships to include civil unions.
Section 37:1-34 - Validity of civil unions entered into in foreign jurisdictions.
Section 37:1-35 - Rules and regulations; guidance on replying to form questions.
Section 37:2-30 - Minor spouses; authority to join adult spouse in transfer of realty
Section 37:2-31 - Short title.
Section 37:2-32 - Definitions.
Section 37:2-33 - Formalties; consideration.
Section 37:2-34 - Contents of premarital or pre-civil union agreement.
Section 37:2-36 - When premarital or pre-civil union agreement becomes effective.
Section 37:2-37 - Amendment or revocation of premarital or pre-civil union agreement.
Section 37:2-38 - Enforcement of premarital or pre-civil union agreement; generally.