Heather E. Kimmel, General Counsel for the United Church of Christ, sent the following email to Conference Ministers:
Please know that one of your colleagues contacted me today regarding the legality of a clergy person officiating a marriage remotely. After some research into that state’s law, I recommended that clergy not do this because of a “presence” requirement for a solemnizing officiant. While there are a few states that have issued COVID-era exceptions to officiants solemnizing marriages in person, it is only a few. And so I would encourage any clergy person who is considering doing this to proceed with extreme caution and consult a domestic relations attorney for a legal opinion in their state. The risk is that the couple’s marriage could be invalid, and also that the clergy person may be charged with a likely misdemeanor level offense for officiating an invalid marriage.
Please know that one of your colleagues contacted me today regarding the legality of a clergy person officiating a marriage remotely. After some research into that state’s law, I recommended that clergy not do this because of a “presence” requirement for a solemnizing officiant. While there are a few states that have issued COVID-era exceptions to officiants solemnizing marriages in person, it is only a few. And so I would encourage any clergy person who is considering doing this to proceed with extreme caution and consult a domestic relations attorney for a legal opinion in their state. The risk is that the couple’s marriage could be invalid, and also that the clergy person may be charged with a likely misdemeanor level offense for officiating an invalid marriage.