00 CS FOR HOUSE BILL NO. 20(JUD)
01 "An Act relating to marriage solemnization; and authorizing elected public officials in
02 the state to solemnize marriages."
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
04 * Section 1. AS 25.05.261(a) is amended to read:
05 (a) Marriages may be solemnized
06 (1) by a minister, priest, or rabbi of any church or congregation in the
07 state, or by a commissioned officer of the Salvation Army, or by the principal officer
08 or elder of recognized churches or congregations that traditionally do not have regular
09 ministers, priests, or rabbis, anywhere within the state;
10 (2) by a marriage commissioner or judicial officer of the state
11 anywhere within the jurisdiction of the commissioner or officer; [OR]
12 (3) before or in any religious organization or congregation according to
13 the established ritual or form commonly practiced in the organization or congregation;
01 (4) by an individual holding an elective public office in the state.
02 * Sec. 2. AS 25.05.261 is amended by adding a new subsection to read:
03 (c) Nothing in this section creates or implies a duty or obligation on a person
04 authorized to solemnize a marriage under (a)(1), (3), or (4) of this section to solemnize
05 any marriage.
06 * Sec. 3. AS 25.05.281 is amended to read:
07 Sec. 25.05.281. Marriage solemnized by unauthorized person. After a
08 license has been obtained, a marriage solemnized before a person professing to be a
09 person authorized to solemnize marriages in the state under AS 25.05.261(a)
10 [MINISTER, PRIEST, OR RABBI OF A CHURCH OR CONGREGATION IN THE
11 STATE OR A JUDICIAL OFFICER OR MARRIAGE COMMISSIONER] is valid
12 regardless of a lack of power or authority in the person, if the marriage is
13 consummated with a belief on the part of the persons so married, or either of them,
14 that they have been lawfully joined in marriage.