Senate advances bill to let any adult in Utah solemnize marriages without clerks' deputization

Salt Lake City — The Utah Senate advanced first substitute Senate Bill 162 on Tuesday after a floor debate about who may solemnize marriages and what the state requires from people performing weddings.

Sponsor Senator McKay told colleagues the bill "codifies existing practice" by removing a statutory deputization requirement administered through county clerks. Under the substitute, an adult physically located in Utah could solemnize a marriage without first going to a clerk to be deputized, a process the sponsor said often carries a fee that clerks may charge.

Several senators pressed the sponsor about the policy change. Senator Weiler and Senator Andorig asked why language enumerating elected officials and other specific authorized categories was removed from statute; Senator McKay responded the change is intended to eliminate an unnecessary middle step and to align statute with how clerks currently administer solemnization authority. Senator Kwan asked whether the bill eliminates fees; the sponsor said it eliminates the deputization step that in many counties involves a fee, explaining the change would generally reduce that administrative cost.

The Senate recorded 21 yes votes, 5 no votes and 3 absences when the chair called the roll on third-reading placement. The measure was advanced to third reading per Senate procedure.

Next steps: the bill will be considered for final passage on third reading and would take effect according to statutory timing if enacted. The transcript records senators’ floor exchanges but does not show third-reading final passage in this session.

Quote from the floor: "All you gotta do is have a pulse. IQ optional," Sen. McKay said, describing how clerks currently operate the deputization process and why the substitute aligns statute with practice.

What it does: The substitute deletes enumerated lists of authorized solemnizers and instead provides a more general pathway for any adult physically in Utah to perform a marriage, and clarifies responsibilities placed on the person performing the solemnization.

What it does not do: The bill does not create a new certification system or change the marriage license process; it focuses on who is authorized to solemnize a marriage.