Subcommittee adopts amendment and advances bill requiring both applicants for Maryland marriage license, with narrow waiver

Delegate Karen Simpson, chair of the House Judiciary Committee Family Law Subcommittee, presided as the panel considered House Bill 95 and a sponsor amendment on a change to marriage-license procedure. The sponsor, Delegate Simmons, said the bill would require both people requesting a marriage license to be present, while allowing a clerk to waive that requirement if a credible affidavit shows reasonable cause.

Anne Arundel County clerk Scott (transcript: Foyer/Poyer), appearing for the clerks’ office, described the amendment as a way to strengthen the waiver process for legitimate absences — citing incarceration, hospitalization, military service or other good cause — and said the tool would help clerks combat marriage fraud and human trafficking. “This would be one more tool in the toolbox to help the clerks fight marriage fraud in the state of Maryland and also human trafficking,” he said.

Vice Chair Davis asked whether the bill would let a license be issued if only one person appears and whether that could increase fraud. The clerk said the normal expectation would be both applicants show up, and that affidavits would be limited to very specific, justified circumstances; clerks would have the authority to ask follow-up questions and request supporting information before issuing a license.

After discussion, the subcommittee adopted the sponsor amendment by show of hands. Delegate Williams moved to adopt the bill as amended; the motion was seconded and the chair conducted a roll call. Delegates Boucher, Davis (vice chair), Moreno, Simmons, Stinnett, Williams and the chair voted yes. The chair announced the bill passed and will be sent to the full committee for further consideration.

The amendment strengthens clerk discretion around waivers while keeping the bill’s primary objective — making the usual practice require both parties to appear — intact. The subcommittee’s action advances the bill to the next legislative stage; the full committee will consider the measure and any additional testimony or amendments there.