Recent Developments

Issues that affect ministers and churches
Marriage License Never Returned to County Clerk; Marriage Still Valid
Nebraska Supreme Court rules a 26-year-marriage valid because the existence of marriage was provable without official record.
Nebraska
State:
Categories:
Key point 3-04. All states permit clergy to perform marriage ceremonies. However, some states permit only "ordained" or some other classification of clergy to perform marriage ceremonies. It is important for clergy to determine if they are legally authorized to perform marriages under applicable state law, and to be aware of the legal qualifications for marriage and any license and reporting requirements prescribed by state law.

The Nebraska Supreme Court ruled that a marriage of 26 years was valid despite the fact that the judge who performed the marriage ceremony failed to return a certificate of marriage to the county clerk as required by law. A couple was married by a judge at a county courthouse. Prior to their marriage the couple obtained a "License and Certificate of Marriage" form. This form contained a section to be completed by the person solemnizing the marriage certifying that he or she joined the parties in marriage in the presence of two witnesses. The form was then to be presented to the clerk of the county court for filing.

Log In For Full Access

Interested in becoming a member? Learn more.

Posted: December 17, 2013
View All
from our store
12 Law & Tax Guidelines for New Ministers

12 Law & Tax Guidelines for New Ministers

Essential knowledge to ensure legal and financial clarity and integrity in ministry.
Mandatory Child Abuse Reporting Laws

Mandatory Child Abuse Reporting Laws

State by state laws to report child abuse.
Church Issues: Same-Sex Marriage and Gender Identity

Church Issues: Same-Sex Marriage and Gender Identity

Richard Hammar reviews public accommodations laws.
Understanding Pastoral Liability

Understanding Pastoral Liability

Know the situations in which a pastor is personally liable for wrongdoing.

ChurchSalary

ChurchSalary

Let ChurchSalary do the work. Get personalized compensation reports for staff and pastors.