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Virginia circuit court clerks no longer allow online applications to conduct a marriage

Non-pastors can still apply via the local circuit clerk

ROANOKE – Chances are you have a wedding to attend this month. Many couples are choosing to have a friend or family member officiate at their wedding instead of a pastor.

Those wishing to become what's called a celebrant must receive certification.

A Roanoke County clerk is joining other clerks across the state in denying online applications.

“It's a good chance that we were the last ones,” said Steve McGraw clerk of circuit court in Roanoke County.

Every court 10 News checked in our area, along with 20 others across the state that McGraw checked will not accept online applications.

For 26 years McGraw allowed online applications but that changed effective April 2.

“So when I found out that some of the, mainly West Coast companies that do this had begun to advertise that if anyone wanted to be certified in Virginia to do the this needed to come to Roanoke County to do it, I realized that I was sort of a part of their business plan. It was abusive of our staff and resources,” McGraw said.

A certification means that the person can conduct a wedding ceremony anywhere in Virginia.

McGraw said their office became inundated with applications from these companies, especially over the past few months.

10 News was first notified about the change after receiving a statement from a Seattle based non-profit that sells marriage licenses across the United States online.

Part of the statement reads:

“Following Roanoke County Clerk Steve McGraw’s announcement that his office would no longer accept applications to conduct marriage rites from ministers ordained online, American Marriage Ministries (AMM) is reviewing its legal options.  

"AMM disagrees with this decision, contending that Mr. McGraw is denying its Roanoke County ministers their constitutional right to officiate weddings in accord with their spiritual values and beliefs."

According to Virginia State code, the clerk of circuit court has the right to make that decision. McGraw said the county attorney has since responded. He doesn’t plan to change his mind.

One clerk’s office 10 News spoke to referenced its decision on a 2010 opinion of the Virginia Attorney General.

Although clerks offices are no longer taking online applications, you can still become authorized to perform marriages, but you'll need to petition your local court.

You can petition the court, for a fee of $54, and a judge can grant you the right to officiate, McGraw said. “I did it when I married my son and his wife.”

He said officiants need to thoroughly know the law, and understand if both participants are mentally competent to agree to marriage.

Because after all, marriage is meant to be forever.

“One of our deputy clerk's makes a joke every now and then about how easy it is to get married and how hard it is to get unmarried," McGraw said.


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