HB905 • 2026

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

An Act to amend and reenact § 20-25 of the Code of Virginia, relating to persons other than ministers who may perform rites of marriage; clerk; issuance of order; bond requirement.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Lopez
Last action: 2026-04-08
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

The official source does not provide information on when the act takes effect, leaving it uncertain.

Marriage Officiants and Clerk's Authority

This act changes Virginia law to allow clerks of circuit courts to issue orders for non-ministers to perform marriages, removes mandatory bond requirements, and provides civil immunity for the clerk.

What This Bill Does

Allows a clerk of a circuit court to give permission to people other than ministers to officiate at weddings in Virginia.
Removes the requirement that these wedding officials must post a $500 bond before performing marriages unless they would otherwise qualify for in forma pauperis status.
Gives clerks protection from being sued for giving or taking back this permission, unless they are very careless or do something on purpose to harm someone.

Who It Names or Affects

People getting married in Virginia
Clerks of circuit courts in Virginia
Wedding officiants other than ministers

Terms To Know

clerk of the circuit court: An official who works for a court and handles paperwork, including issuing orders.
bond requirement: A rule that requires someone to pay money as a guarantee before doing something important like officiating at a wedding.

Limits and Unknowns

The act does not specify when it will take effect.
It is unclear how many people will apply for permission under this new law.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB905AHC1

2026-01-29 • Committee

Civil Subcommittee Amendment

Plain English: The amendment removes the requirement for a bond when issuing an order related to performing rites of marriage.

Removes the bond requirement that was previously in place.

The exact nature and purpose of the removed bond requirement are not specified, making it unclear what specific changes this amendment will have on the current process.

HB905AH1

2026-02-04 • Committee

Courts of Justice Amendment

Plain English: The amendment removes the requirement for a bond when issuing an order related to marriage rites.

Removes the bond requirement that was previously in place for certain individuals performing marriage rites.

The exact nature of who is affected by this change and how it impacts their duties or responsibilities is not fully explained in the provided amendment text.

HB905ASC1

2026-03-05 • Committee

Courts of Justice Amendment

Plain English: This amendment to HB905 removes certain phrases related to marriage officiants and adds a clause protecting clerks from legal actions unless there is gross negligence or willful misconduct.

Removes the phrase 'the remainder of line 13 and through which the on line 14' from the bill text.
Removes the phrase 'application was filed' from the bill text.
Adds a new clause protecting clerks from legal actions related to issuing or rescinding marriage officiant orders, except in cases of gross negligence or willful misconduct.

The exact impact and context of removing phrases is not fully explained by the amendment text.

HB905AS1

2026-03-09 • Committee

Courts of Justice Amendment

Plain English: This amendment to HB905 removes certain phrases and adds a clause protecting clerks from legal actions related to marriage rites orders.

Removes the phrase 'the remainder of line 13 and through which the on line 14' after 'persons'.
Removes the phrase 'application was filed' after 'sits'.
Adds a new clause protecting clerks from legal actions related to issuing or rescinding marriage rites orders, unless there is gross negligence or willful misconduct.

The exact impact of removing phrases without context might be unclear.
Details about the original bill's content are not provided, making it hard to explain the full effect of these changes.

HB905EDOC

2026-03-10 • Senate

Senate Amendments

Plain English: This amendment to HB905 adds a new clause protecting clerks from lawsuits when issuing marriage rites orders unless there is gross negligence or willful misconduct.

Adds protection for clerks of circuit courts who issue marriage rites orders, stating they cannot be sued unless the clerk acted with gross negligence or willful misconduct.

The amendment text does not provide details on how this new clause interacts with existing laws or regulations.
It is unclear if there are specific procedures that clerks must follow to qualify for this protection.

Bill History

2026-04-08 Governor
Approved by Governor-Chapter 437 (effective 7/1/2026)
2026-04-08 Governor
Acts of Assembly Chapter text (CHAP0437)
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Signed by Speaker
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-30 Senate
Signed by President
2026-03-30 House
Enrolled
2026-03-30 House
Bill text as passed House and Senate (HB905ER)
2026-03-11 House
Senate amendments agreed to by House (73-Y 24-N 0-A)
2026-03-10 Senate
Read third time
2026-03-10 Senate
Read third time
2026-03-10 Senate
Engrossed by Senate as amended
2026-03-10 Courts of Justice
Courts of Justice Amendments agreed to
2026-03-10 Senate
Passed Senate with amendments (24-Y 16-N 0-A)
2026-03-09 Senate
Rules suspended
2026-03-09 Senate
Passed by for the day
2026-03-09 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
2026-03-09 Senate
Passed by for the day Block Vote (Voice Vote)
2026-03-05 Courts of Justice
Reported from Courts of Justice with amendments (9-Y 5-N)
2026-03-05 Senate
Senate committee offered
2026-02-11 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-11 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-10 House
Read third time and passed House (75-Y 22-N 0-A)
2026-02-09 House
Read second time
2026-02-09 House
committee amendment agreed to
2026-02-09 House
Engrossed by House as amended
2026-02-06 House
Read first time
2026-02-04 Courts of Justice
Reported from Courts of Justice with amendment(s) (21-Y 1-N)
2026-01-28 Civil
Subcommittee recommends reporting with amendment(s) (7-Y 1-N)
2026-01-26 Civil
Assigned HCJ sub: Civil
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26104636D
2026-01-13 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

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.

Current Bill Text

Read the full stored bill text

An Act to amend and reenact §
20-25
of the Code of Virginia, relating to persons other than ministers who may perform rites of marriage; clerk; issuance of order; bond requirement.
Be it enacted by the General Assembly of Virginia:
1. That §
20-25
of the Code of Virginia is amended and reenacted as follows:
§
20-25
. Persons other than ministers who may perform rites.
Upon
petition
application
filed with the clerk
of the circuit court
and payment of applicable clerk's fees,
any circuit court judge
such clerk
may issue an order authorizing one or more persons
resident in the circuit in which the judge sits
to celebrate the rites of marriage in the Commonwealth. Any person so authorized
shall
may be required to
, before acting, enter into bond in the penalty of $500, with or without surety, as the
court
clerk
may direct
; however, upon a showing that the person would otherwise be qualified for in forma pauperis status, the court
clerk
may waive such bond
. Any order made under this section may be rescinded at any time. No oath shall be required of a person authorized to celebrate the rites of marriage, nor shall such person be considered an officer of the Commonwealth by virtue of such authorization.
The clerk of any circuit court shall be immune from any cause of action that arises from the issuance or rescinding of an order under this section, absent gross negligence or willful misconduct.
Any judge or justice of a court of record, any judge of a district court, any retired judge or justice of the Commonwealth, any active, senior, or retired federal judge or justice who is a resident of the Commonwealth, or any current or former (i) member of the General Assembly, (ii) Governor of Virginia, (iii) Lieutenant Governor of Virginia, (iv) Attorney General of Virginia, (v) Virginia member of the United States Senate or United States House of Representatives, or (vi) clerk of a circuit court of the Commonwealth who is a resident of the Commonwealth may celebrate the rites of marriage anywhere in the Commonwealth without the necessity of bond or order of authorization.