VirginiaHB9052026 Regular SessionHouse

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

Sponsored By: Alfonso H. Lopez (Democratic)

Became Law

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.

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Bill Overview

Analyzed Economic Effects

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

How local residents can officiate weddings

The court can authorize a resident of the local circuit to perform marriages after a petition and payment of the clerk’s fees. Before acting, you may have to post a one-time $500 bond, with or without surety, as the clerk directs. The clerk can waive the bond if you qualify for in forma pauperis status. The authorization order can be canceled at any time. No oath is required, and you are not made a state officer.

Clerks protected from authorization lawsuits

A circuit court clerk is immune from lawsuits for issuing or canceling an authorization order. This protection does not apply if the clerk acted with gross negligence or willful misconduct.

Some officials can officiate without orders

Judges and many current or former state leaders can perform marriages anywhere in Virginia without an authorization order or bond. This includes judges and justices, district court judges, retired Virginia judges, Virginia members of Congress, members of the General Assembly, and the Governor, Lieutenant Governor, and Attorney General. Federal judges and circuit court clerks must be Virginia residents to qualify.

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

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

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

    3/31/2026House
  5. Signed by Speaker

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

    3/30/2026House
  7. Enrolled

    3/30/2026House
  8. Signed by President

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

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

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

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

    3/10/2026Senate
  13. Read third time

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

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

    3/9/2026Senate
  16. Rules suspended

    3/9/2026Senate
  17. Senate committee offered

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

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

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

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

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

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

    2/9/2026House
  24. Read second time

    2/9/2026House
  25. Read first time

    2/6/2026House

Bill Text

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