D.C. Code § 46-406
Persons authorized to celebrate marriages.
(a) For the purposes of this section, the term:
- (1) “Civil celebrant” means a person of a secular or non-religious organization who performs marriage ceremonies.
- (2) “Religious” includes or pertains to a belief in a theological doctrine, a belief in and worship of a divine ruling power, a recognition of a supernatural power controlling man’s destiny, or a devotion to some principle, strict fidelity or faithfulness, conscientiousness, pious affection, or attachment.
- (3) “Society” means a voluntary association of individuals for religious purposes.
- (4) “Temporary officiant” means a person authorized by the Clerk of the Superior Court of the District of Columbia (“Court”) to solemnize a specific marriage. The person’s authority to solemnize that marriage shall expire upon the filing of the marriage license, pursuant to § 46-412.
(b) For the purpose of preserving the evidence of marriages in the District of Columbia, a marriage authorized under this chapter may be solemnized by the following persons at least 18 years of age at the time of the marriage:
- (1) A judge or retired judge of any court of record;
- (2) The Clerk of the Court or such deputy clerks of the Court as may, in writing, be designated by the Clerk and approved by the Chief Judge of the Court;
- (3) A minister, priest, rabbi, or authorized person of any religious denomination or society;
- (4) For any religious society which does not by its own custom require the intervention of a minister for the celebration of marriages, a marriage may be solemnized in the manner prescribed and practiced in that religious society, with the license issued to, and returns to be made by, a person appointed by the religious society for that purpose;
- (5) A civil celebrant;
- (6) A temporary officiant;
- (7) Members of the Council;
- (8) The Mayor of the District of Columbia; or
- (9) The parties to the marriage.
- (b-1) All persons authorized by subsection (b) of this section to solemnize marriages shall comply with the requirements of § 46-412.
- (b-2) The Court shall charge a reasonable registration fee for authorization to solemnize marriages; provided, that the registration fee for a temporary officiant shall not exceed $25.
- (c) No priest, imam, rabbi, minister, or other official of any religious society who is authorized to solemnize or celebrate marriages shall be required to solemnize or celebrate any marriage.
- (d) Each religious society has exclusive control over its own theological doctrine, teachings, and beliefs regarding who may marry within that particular religious society’s faith.
(e)
- (1) Notwithstanding any other provision of law, a religious society, or a nonprofit organization that is operated, supervised, or controlled by or in conjunction with a religious society, shall not be required to provide services, accommodations, facilities, or goods for a purpose related to the solemnization or celebration of a marriage, or the promotion of marriage through religious programs, counseling, courses, or retreats, that is in violation of the religious society’s beliefs.
- (2) A refusal to provide services, accommodations, facilities, or goods in accordance with this subsection shall not create any civil claim or cause of action, or result in a District action to penalize or withhold benefits from the religious society or nonprofit organization that is operated, supervised, or controlled by or in conjunction with a religious society.
History
Mar. 3, 1901, 31 Stat. 1392, ch. 854, § 1288
Apr. 23, 1904, 33 Stat. 297, ch. 1490, § 1
June 25, 1948, 62 Stat. 991, ch. 646, § 32(a), (b)
May 24, 1949, 63 Stat. 107, ch. 139, § 127
July 5, 1966, 80 Stat. 264, Pub. L. 89-493, § 13(a), (b)
July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a)
Jan. 26, 1982, D.C. Law 4-60, § 2, 28 DCR 4768
Mar. 3, 2010, D.C. Law 18-110, § 2(d), 57 DCR 27
Nov. 5, 2013, D.C. Law 20-36, § 2, 60 DCR 12143
Effect of Amendments
The 2013 amendment by D.C. Law 20-36 rewrote (a) and (b); and added (b-1) and (b-2).
D.C. Law 18-110 added subsecs. (c), (d), and (e).
Prior Codifications
1973 Ed., § 30-106.
1981 Ed., § 30-106.
Section References
This section is referenced in § 46-412.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(a) of Let Our Vows Endure Emergency Amendment Act of 2019 (D.C. Act 23-1, Jan. 11, 2019, 66 DCR 600).
For temporary (90 days) amendment of this section, see § 2(a) of Let Our Vows Endure (LOVE) Emergency Amendment Act of 2023 (D.C. Act 25-296, Nov. 15, 2023, 70 DCR 15226).
For temporary (90 days) amendment of this section, see § 2(a) of Let Our Vows Endure Emergency Amendment Act of 2025 (D.C. Act 26-156, Oct. 9, 2025, 72 DCR 10908).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(a) of Let Our Vows Endure (LOVE) Temporary Amendment Act of 2023 (D.C. Law 25-117, Feb. 6, 2024, 70 DCR 15726).
For temporary (225 days) amendment of this section, see § 2(a) of Let Our Vows Endure Temporary Amendment Act of 2025 (D.C. Law 26-76, Dec. 31, 2025, 72 DCR 12877).