Section 2-406 - Performance of ceremony. - Maryland Statutes

§ 2-406. Performance of ceremony.
 

(a)  Authorized officials.-  

(1) In this subsection, "judge" means: 

(i) a judge of the District Court, a circuit court, the Court of Special Appeals, or the Court of Appeals; 

(ii) a judge approved under Article IV, § 3A of the Maryland Constitution and § 1-302 of the Courts Article for recall and assignment to the District Court, a circuit court, the Court of Special Appeals, or the Court of Appeals; 

(iii) a judge of a United States District Court, a United States Court of Appeals, or the United States Tax Court; or 

(iv) a judge of a state court if the judge is active or retired but eligible for recall. 

(2) A marriage ceremony may be performed in this State by: 

(i) any official of a religious order or body authorized by the rules and customs of that order or body to perform a marriage ceremony; 

(ii) any clerk; 

(iii) any deputy clerk designated by the county administrative judge of the circuit court for the county; or 

(iv) a judge. 

(b)  Period during which ceremony may be performed.- Within 6 months after a license becomes effective, any authorized official may perform the marriage ceremony of the individuals named in the license. 

(c)  Performance by unauthorized individual prohibited; penalty.-  

(1) An individual may not perform a marriage ceremony unless the individual is authorized to perform a marriage ceremony under subsection (a) of this section. 

(2) An individual who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500. 

(d)  Performance between individuals within prohibited degrees prohibited; penalty.-  

(1) An individual may not knowingly perform a marriage ceremony between individuals who are prohibited from marrying under § 2-202 of this title. 

(2) An individual who violates the provisions of this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500. 

(e)  Performance without license prohibited; penalty.-  

(1) An individual may not perform a marriage ceremony without a license that is effective under this subtitle. 

(2) An individual who violates the provisions of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500. 

(f)  Ceremony performed by a clerk or deputy clerk.- The county administrative judge of the circuit court for the county shall designate: 

(1) when and where the clerk or deputy clerk may perform a marriage ceremony; and 

(2) the form of the marriage ceremony to be recited by the clerk or deputy clerk and the parties being married. 

(g)  Forms of religious ceremonies.- This section does not affect the right of any religious denomination to perform a marriage ceremony in accordance with the rules and customs of the denomination. 
 

[An. Code 1957, art. 27, §§ 392, 394; art. 62, §§ 3A, 4, 15; 1984, ch. 296, § 2; 1999, ch. 336, § 2; 2002, ch. 207; 2004, ch. 199; 2009, ch. 324.]