Spooky Season: Beware of an Instantly Ordained Minister Officiating Your Wedding

October is spooky season, and nothing is spookier to family law attorneys than invalid marriages. Betrothed couples in North Carolina should beware of officiants instantly ordained by the “Universal Life Church” and be sure to follow these steps to create a valid marriage in our state!
 
There are several steps to a valid marriage in North Carolina:

1. You must obtain a marriage license before the ceremony.
2. The ceremony must be conducted by an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate (N.C.G.S. § 51-1).
3. Both partners must solemnly declare their intent to marry in front of one another.
4. The minister or magistrate must declare aloud that the partners are now spouses.
5. Two witnesses must sign the marriage license.

The Universal Life Church is an online program that allows someone to be instantly ordained as a “minister.” Their website states that the Universal Life Church was established in 1977 and the “church” has only two tenets: (1) do only that which is right, and (2) all should be free to worship as they see fit. Before the internet, the Universal Life Church provided “mail order” certificates giving the title of minister.  

The North Carolina Supreme Court ruled that a person who receives a certificate of ordination from the Universal Life Church is not “an ordained minister of any religious denomination,” (State v. Lynch, 301 N.C. 479 (1980)) as required by N.C.G.S. § 51-1. After this case was ruled upon by the North Carolina Supreme Court, the North Carolina Legislature enacted N.C.G.S. § 51-1.1, to protect the validity of marriages performed by Universal Life Church “ministers” prior to July 3, 1981. The people who entered into marriages with a Universal Life “minister” presiding prior to the State v. Lynch case could not have known that their marriage might be invalid, so the legislature sought to protect the innocent couples entering into those Universal Life Church-officiated marriages prior to the ruling. Marriages that occur after July 3, 1981 by Universal Life Church “ministers” are not protected by N.C.G.S. § 51-1.1.   

​The State v. Lynch case law has been applied and affirmed in multiple later cases at the North Carolina Appellate Court level. Be sure whoever is officiating your wedding is qualified to do so under North Carolina law! Please schedule a consultation with our firm if you have questions or concerns about the validity of your marriage.    ​

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