Ministers ordained online can, as a practical matter, perform weddings in Tennessee, even though a state statute says they cannot. Tennessee Code § 36-3-301 flatly bars online-ordained officiants from solemnizing marriages, but a 2023 federal court resolution locked in written commitments from Tennessee prosecutors that they will not charge these ministers with any crime and will not challenge the validity of the marriages they perform.1GovInfo. USCOURTS-tned-3-24-cv-00247 The written rule and the enforceable rule point in opposite directions, and that gap is what couples planning a Tennessee ceremony need to understand.
What the Statute Says on Paper
Tennessee Code § 36-3-301 lists the categories of people allowed to officiate weddings. Religious leaders qualify if they are at least 18, care for a congregation, and were ordained through a “considered, deliberate, and responsible act” of a church or religious organization. The statute then adds a specific exclusion: people who received their ordination online cannot solemnize marriages.2Justia. Tennessee Code 36-3-301 – Persons Who May Solemnize Marriages
The law doesn’t define “online ordination” precisely. The line legislators drew was between traditional ordination by a physical religious body and the quick credential offered by groups like the Universal Life Church or American Marriage Ministries, where a person submits their name, clicks a button, and receives a certificate. That second category was the intended target.
Why the Ban Isn’t Enforced
In 2019, the Universal Life Church Monastery and two of its ministers sued Tennessee officials over the online-ordination ban. The case ran through the federal courts and reached its practical conclusion in August 2023, when the remaining Tennessee district attorneys signed a set of stipulations and the court dismissed the lawsuit. Those stipulations are the document that governs what actually happens on the ground today. The prosecutors agreed to three things:1GovInfo. USCOURTS-tned-3-24-cv-00247
- Section 36-3-301 contains no criminal prosecution mechanism, so no one can be charged for violating it.
- An online-ordained minister who signs a marriage certificate is not committing a false statement under Tennessee’s criminal code.
- Prosecutors will not challenge the validity of any marriage officiated by a Universal Life Church minister, and they acknowledged that ULC ministers intend to keep performing weddings in reliance on that commitment.
The statute itself has not been amended or struck down. Its language still reads that online-ordained ministers “may not solemnize the rite of matrimony.” But with prosecutors on record saying they have no way to enforce the language and no intention to try, the practical risk of using an online-ordained minister is very low.
The Caveat About Which County You’re In
The stipulations were signed by the specific district attorneys who were party to the lawsuit. A ceremony in a county whose prosecutor was not directly involved sits in slightly murkier territory as a matter of formal law, though the same reasoning applies statewide and no Tennessee prosecution of an online-ordained minister has ever been reported. The stipulations also refer specifically to Universal Life Church ministers by name. Ministers ordained through other online organizations are in a similar practical position, but the written protection is narrower.
Safer Alternatives If You Want Zero Ambiguity
If the gap between the statute and its enforcement makes you uneasy, Tennessee authorizes a long list of other officiants under § 36-3-301:2Justia. Tennessee Code 36-3-301 – Persons Who May Solemnize Marriages
- Ministers, pastors, priests, rabbis, and other religious leaders who are at least 18, care for a congregation, and were ordained by a recognized religious body.
- Current and former judges and chancellors, county mayors, members of county legislative bodies, the governor, speakers of the state House and Senate, certain state legislators, district attorneys general, and municipal mayors and council members.
- Current county clerks and former clerks who held office on or after July 1, 2014.
- Any Tennessee notary public. Since April 2021, notaries can officiate weddings with no additional certification beyond their existing commission.3Tennessee Secretary of State. Can a Notary Perform Marriages?
- Chaplains officially appointed by the heads of authorized state or local law enforcement agencies.
The notary route is the easiest workaround. A friend or family member who would otherwise get ordained online can instead apply for a Tennessee notary commission through the Secretary of State and officiate on the clearest legal footing. Marriages solemnized according to the customs of the Religious Society of Friends are also valid without a designated officiant.2Justia. Tennessee Code 36-3-301 – Persons Who May Solemnize Marriages
What Happens If an Officiant’s Credentials Are Later Questioned
County clerks in Tennessee have no authority to investigate an officiant’s credentials. When a signed marriage license is returned, the clerk must accept it and presume the marriage is valid.4University of Tennessee Institute for Public Service. Solemnizing a Marriage The clerk cannot demand proof of ordination or refuse to record the marriage based on suspicion about the officiant.
Tennessee also grandfathers in older ceremonies. Any marriage performed by a minister before July 1, 2019 cannot be invalidated on the ground that ordination requirements weren’t met.2Justia. Tennessee Code 36-3-301 – Persons Who May Solemnize Marriages For ceremonies after that date, the 2023 stipulations are the main source of protection. They are a strong practical shield, not a legislative fix. Couples who want a clean paper trail with no ambiguity should pick an officiant from one of the clearly authorized categories, and a notary is usually the simplest option when a friend or family member wants to do the honors.