GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

SESSION LAW 2009-13

HOUSE BILL 494

AN ACT allowing a superior court judge to perform marriage ceremonies.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 51-1 reads as rewritten:

"§ 51-1.  Requisites of marriage; solemnization.

A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either:

(1)        a.         In the presence of an ordained minister of any religious denomination, a minister authorized by a church, judge of the superior court, or a magistrate; and

b.         With the consequent declaration by the minister minister, judge of the superior court, or magistrate that the persons are husband and wife; or

(2)        In accordance with any mode of solemnization recognized by any religious denomination, or federally or State recognized Indian Nation or Tribe.

Marriages solemnized before March 9, 1909, by ministers of the gospel licensed, but not ordained, are validated from their consummation."

SECTION 2.  This act becomes effective April 8, 2009, and expires April 15, 2009.

In the General Assembly read three times and ratified this the 9^th day of April, 2009.

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                    s/  Beverly E. Perdue

                                                                         Governor

Approved 2:15 p.m. this 9^th day of April, 2009