7/20/06

Does Using a Phony Rabbi Invalidate Your Marriage? No!

Today's fun article in the Bergen Record: - 'By the power vested in me by the Internet ... ' - addresses the issue of Internet ordination. Well that is the same thing in this writer's opinion as phony ordination. But wait. Many states don't give a hoot. They accept any ordination as valid. The author tells us:

New York City, for example, does not recognize the authority of ULC officiants because recognized ministers must have a stated meeting place for worship. Though based in Arizona, ULC officials don't regularly gather for worship at a specific place.

Other cities, such as San Diego, will certify anyone as a "deputy commissioner" for a day, enabling them to solemnize a friend's or family member's wedding. Such a temporary post renders the legality of an online certification essentially moot, said Rev. Christopher Tuttle, president of the San Diego-based National Association of Wedding Officiants -- a group that also will verify the legality of ministers' certifications to ensure marriages are legitimate.

Here in New Jersey, where I plan to marry, officials are divided over the legality of online-certified ministers.

State statute allows marriages to be performed by any federal, county or municipal judge (currently serving or retired), any county clerk, mayor, deputy mayor or township chairman, and "every minister of every religion."

To be a true religious minister, an individual must be authorized by a recognized church, synagogue, mosque or other religious association, according to the statute.

"I don't know much about these online ministries," said Carol Pressler, the registrar in Elmwood Park. If the officiant had an authentic certificate from a religious organization, however, Pressler said "it would be legal, sure."
The Record reveals a bit further, an interesting tidbit about a court case that makes a posteriori nearly all weddings valid regardless of the phonyness of the clergyperson:

In 2002, hundreds of couples were shocked to learn that a popular rabbi who signed the marriage licenses of many interfaith couples was, in fact, not properly certified to perform weddings in New York and New Jersey. Their wedding certificates were thus missing a required signature and, by some readings of the law, technically invalid.

Some couples worried about the technicality causing problems with family insurance and tax credits and were advised to have shotgun civil ceremonies.

A court case in 1912, however, set a legal precedent that probably protected them. According to Ross vs. Sparks, if a man and woman believed a "clergyman" had married them and subsequently lived together as husband and wife "they became husband and wife, even though the minister was not a 'stated' minister and was not authorized by statute to celebrate marriages."

As a result of this court case, as long as a couple believes the person marrying them has the proper authority, their marriage is likely to be recognized, should challenges arise.

I don't know the details of this phony rabbi's story. But I am impressed with the idea of online semicha. Maybe I'll go into the business. Meanwhile I've been ordained by ULC.


Here are some more free phony ordinations -

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