Updated 7-7-15. Notaries who work as wedding officiants are likely to see more requests for their services after the U.S. Supreme Court ruled last month that states cannot bar same-sex marriages. The court decision also underscores the role of Notaries as impartial, state-appointed, public officials.
Only Florida, South Carolina, Maine, Montana, Nevada and Tennessee specifically authorize Notaries to perform weddings. However, Notaries in many other states have become ordained ministers and offer marriage services apart from the notarial duties.
Differing opinions and Notary impartiality
The debate over same-sex marriage has generated very strong opinions and feelings among the public on both sides of the issue — including many Notaries. However, Notaries are generally expected to carry out their duties impartially and without being influenced by their personal beliefs.
If a state’s laws do not address the issue of refusing a lawful request for a notarial act, The Notary Public Code Of Professional Responsibility Standard I-A-3 states that a Notary should not refuse to perform a lawful and proper notarial act because of the signer’s “gender or sexual orientation,” or “because of disagreement with the statements or purpose of a lawful document.”
The Notary Bulletin will continue to follow and report on developments affecting Notaries and their duties resulting from the Supreme Court’s decision.
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This month Florida became the 36th state to legalize same-sex marriage, and Florida Notaries are now authorized to officiate wedding ceremonies for all couples.
Federal court ruling
Last August, a federal court judge ruled that the Sunshine State’s ban on same-sex marriage was unconstitutional. A temporary hold on the decision pending an appeal by the state expired January 6, and recording offices were directed to begin issuing marriage licenses to same-sex couples the same day.
Notaries officiating same-sex weddings
To officiate a wedding, a Florida Notary must be presented with a valid marriage license by the couple and must perform the ceremony within the boundaries of the state. The Notary is also responsible for completing the certificate on the appropriate portion of the marriage license and returning the license to the office of the issuing county court judge or clerk of the circuit court within 10 days after the ceremony is performed. Notaries can charge up to $30 to perform a wedding ceremony.
Addressing Notary refusals
Some Florida Notaries who solemnize marriages have asked if they may lawfully refuse to marry same-sex couples. While all Florida counties are issuing marriage licenses, this question may require clarification in light of reports that some Florida county clerks who felt uncomfortable performing same-sex ceremonies would stop offering all courthouse wedding ceremonies.
The state of Maine issued a ruling in 2012 that Notaries who perform marriage ceremonies for opposite-sex couples cannot refuse to marry same-sex couples.
Last year in New Jersey the head of an atheist group claimed a bank employee refused to notarize documents for him “for personal reasons.” You can learn more about this refused notarization in the NNA’s bulletin coverage of the incident.
David Thun is the Assistant Managing Editor with the National Notary Association.