VirginiaHB9052026 Regular SessionHouse

Persons other than ministers who may perform rites of marriage; clerk may issue order.

Sponsored By: Alfonso H. Lopez (Democratic)

Signed by Governor

Summary

Persons other than ministers who may perform rites of marriage; clerk; issuance of order; bond requirement. Provides that a clerk of a circuit court may issue an order authorizing one or more persons to celebrate the rites of marriage in the Commonwealth. Under current law, only a circuit court judge may issue such an order. The bill further makes discretionary the entrance into a bond in the penalty of $500 prior to performing the rites of marriage for a person authorized to celebrate the rites of marriage; under current law, such entry is mandatory. Finally, the bill civilly immunizes the clerk of any circuit court from a cause of action arising from the issuance or rescinding of such order, absent gross negligence or willful misconduct.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Lawsuit protection for marriage authorization clerks

Virginia circuit court clerks are protected from civil lawsuits over issuing or canceling orders allowing people to perform marriages. This protection does not cover gross negligence, meaning very serious carelessness, or willful misconduct, meaning intentional wrongdoing.

More marriage officiants, with authorization costs

Virginia circuit court clerks can authorize people to perform marriages statewide, without requiring them to live in the clerk’s circuit. Applicants must file an application and pay applicable clerk’s fees. Clerks may require a $500 bond before the person performs marriages, with or without a financial guarantor. The bond may be waived for someone who qualifies for court fee relief based on inability to pay. State judges and justices of courts of record, and district court judges, can perform marriages statewide without a bond or order. Retired state judges and justices also qualify if they live in Virginia. Active, senior, and retired federal judges and justices qualify if they live in Virginia. Virginia residents who currently or formerly held these offices also qualify: General Assembly member, Governor, Lieutenant Governor, Attorney General, Virginia member of the United States Senate or House of Representatives, or circuit court clerk. Authorization orders can be canceled at any time. No oath is required, and authorization alone does not make someone a state officer.

Sponsors & Cosponsors

Sponsor

  • Alfonso H. Lopez

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 249 • No: 69

House vote • 3/11/2026

Senate amendments agreed to by House

Yes: 73 • No: 24

Senate vote • 3/10/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote • 3/10/2026

Passed Senate with amendments

Yes: 24 • No: 16

Senate vote • 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/5/2026

Reported from Courts of Justice with amendments

Yes: 9 • No: 5

House vote • 2/10/2026

Read third time and passed House

Yes: 75 • No: 22

House vote • 2/4/2026

Reported from Courts of Justice with amendment(s)

Yes: 21 • No: 1

House vote • 1/28/2026

Subcommittee recommends reporting with amendment(s)

Yes: 7 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0437)

    4/8/2026Governor
  2. Acts of Assembly Chapter text (CHAP0437)

    4/8/2026Governor
  3. Approved by Governor-Chapter 437 (effective 7/1/2026)

    4/8/2026Governor
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB905ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Senate amendments agreed to by House (73-Y 24-N 0-A)

    3/11/2026House
  11. Passed Senate with amendments (24-Y 16-N 0-A)

    3/10/2026Senate
  12. Courts of Justice Amendments agreed to

    3/10/2026Senate
  13. Engrossed by Senate as amended

    3/10/2026Senate
  14. Read third time

    3/10/2026Senate
  15. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  16. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  17. Rules suspended

    3/9/2026Senate
  18. Senate committee offered

    3/5/2026Senate
  19. Reported from Courts of Justice with amendments (9-Y 5-N)

    3/5/2026Senate
  20. Referred to Committee for Courts of Justice

    2/11/2026Senate
  21. Constitutional reading dispensed (on 1st reading)

    2/11/2026Senate
  22. Read third time and passed House (75-Y 22-N 0-A)

    2/10/2026House
  23. Engrossed by House as amended

    2/9/2026House
  24. committee amendment agreed to

    2/9/2026House
  25. Read second time

    2/9/2026House

Bill Text

Related Bills

Back to State Legislation