Here comes the Notary. Maybe. Two states — Minnesota and Indiana — have recently proposed legislation that would permit Notaries to perform wedding ceremonies. If passed, those states would join Maine, South Carolina, Florida and Nevada as the only jurisdictions to allow Notaries to legally join two people in marriage. (UPDATE: Maine Notaries will no longer be able to perform marriages as part of their Notary duties effective July 1, 2023.)
The measures are being considered at a time when the fight over same-sex marriage has been making headlines. Last month, a federal court struck down an amendment to the Alabama state constitution banning same-sex marriage.
So far, 38 states and the District of Columbia have legally recognized same-sex relationships, either by same-sex marriages, civil unions or domestic partnerships.
With the legality of same-sex marriages hitting courts across the country, it’s possible that more states will consider allowing Notaries to officiate at weddings as an alternative, civil ceremony option.
Potential business growth for Notaries
If that happens, Notaries looking to make extra income in these states could potentially add a profitable wedding service to their business offerings.
In Florida, for example, Notaries may charge $30 to officiate a wedding. They also may provide additional wedding services — such as flower arranging, food and beverage catering and reserving the wedding venue — for additional fees.
While you don’t need to be a Notary to add these profitable matrimonial services to your Notary business, many couples do search for a convenient one-stop shop for wedded bliss.
Do an Internet search for the phrase “Florida mobile Notary” and many of the websites you find advertise wedding services.
Officiate for all or none
Some Notaries have asked if they legally may refuse to preside over same-sex marriages. This question may take on greater significance if more states add wedding officiating to the list of authorized notarial acts.
In 2012, Maine informed its Notaries that they could not refuse to perform same-sex weddings if they perform traditional ceremonies.
In general, The Notary Public Code Of Professional Responsibility says Notaries should never refuse to perform a lawful notarial act because of their personal beliefs.