County clerks in Utah poring over new law on access to marriage ceremonies

Sevier County Clerk/Auditor Steve Wall hasn't given much thought to whether he would perform a wedding for a same-sex couple who comes to his office.

But under a new Utah law that takes effect May 12, he doesn't have to marry anyone unless a he can't find a person in the county to conduct the civil ceremony, making county clerks the "marriers" of last resort.

While clerks could opt out of officiating a same-sex wedding, SB297 obligates their offices to ensure that they or a "willing" designee is available during business hours to marry any couple who has a valid marriage license. Designees don't have to work in the clerk's office, according to the bill.

"That's what I need to look at in the law. If we have to have someone available everyday all day long, in these rural areas, that's tough to do," said Wall, who lives in a south central county of about 20,000 residents.

Wall isn't alone in needing to study the law. County clerks throughout Utah are figuring out what it means for them and their offices.

The Utah Association of Counties is working to create a template policy that counties could use when they implement the law next month.

picture: QueenieBridal short bridesmaid dresses

"As we looked at the legislation, we realized there are some pretty straightforward ways to handle this," said Adam Trupp, executive director of Utah Association of Counties. He said he'd like to see uniform guidelines among the state's 29 counties.

Though county clerks issue marriage licenses, state law never required them to officiate at weddings. Some opted to do so over the years, but others chose not to even before same-sex marriage became legal in the state.

Offering couples a list of designees seems to be the route many county clerks are going, though the definition of "designee" might be open to interpretation.

Some county officials believe it would allow them to delegate a person of their choosing such as a family member or friend to perform the ceremony on a one-time basis, something county clerks could do until the Legislature took that authority from them 10 years ago.

But that also raises the possibility that if a grandfather, for example, were designated to marry his granddaughter and her fiancé, he would be obligated to marry any couple who asks from then on.

Senate Majority Whip Stuart Adams, R-Layton, sponsor of SB297, said that scenario did not come up during discussions about the bill.

"To me, that's probably a policy issue for the counties," he said.

Adams said the main focus of the law is to make sure everyone is treated equally and fairly.

Weber County Clerk/Auditor Ricky Hatch said he really doesn't want to be back in the wedding ceremony business, though he enjoyed the role of officiant. He performed about 10 marriages a week until he realized how much of a burden it was on him and his staff.

The county lists on its website five judges and a court commissioner who are available for wedding duty. But Hatch wants to designate community members outside those kinds of officials as well.

"I guess the question is, what does 'available' mean?" he said.

Hatch said he doesn't think the intent of the law is to all of a sudden make county clerks "marriage coordinators on call." He said he expects couples seeking to get married would make appointments.

read more: QueenieBridal chiffon bridesmaid dresses

This blog aims at sharing some information about wedding dresses and dresses.