§ 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.

HISTORY: 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.