NY CLS Dom Rel § 17 (2003)
§ 17. Clergyman or officer violating article; penalty If any
clergyman or other person authorized by the laws of this state to
perform marriage ceremonies shall solemnize or presume to solemnize any
marriage between any parties without a license being presented to him or
them as herein provided or with knowledge that either party is legally
incompetent to contract matrimony as is provided for in this article he
shall be guilty of a misdemeanor and on conviction thereof shall be
punished by a fine not less than fifty dollars nor more than five
hundred dollars or by imprisonment for a term not exceeding one year.
I assume that the charges are brought based on the interpretation of the
phrase "with knowledge that either party is legally incompetent to
contract matrimony as is provided for in this article".
Christine Corcos
Associate Professor of Law
Paul M. Hebert Law Center, Louisiana State University
Associate Professor, Women's and Gender Studies Program
LSU A&M
W325 Law Building
1 East Campus Drive
Baton Rouge LA 70803
tel: 225/578-8327
fax: 225/578-3677
home page: faculty.law.lsu.edu/ccorcos
email: [EMAIL PROTECTED]
David Cruz
<[EMAIL PROTECTED]> To: [EMAIL PROTECTED], Law
& Religion issues for Law Academics
Sent by: <[EMAIL PROTECTED]>
[EMAIL PROTECTED] cc: (bcc: Christine A
Corcos/ccorcos/LSU)
ts.ucla.edu Subject: RE: UU ministers
arrested
03/16/2004 11:33 AM
Please respond to Law &
Religion issues for Law
Academics
On Tue, 16 Mar 2004, Gene Summerlin wrote:
> Do you know what the criminal charge is? I could certainly envision the
> state refusing to recognize the marriages performed by the ministers or,
> perhaps, the state revoking the ministers licensure, but what is the
> criminal law which they have broken?
My understanding is that New York law prohibits the "solemnization" of
unlawful marriages, where "solemnization" is required (in addition to a
license) for a civil marriage. Solemnization may be performed by
religious or government officials.
David B. Cruz
Professor of Law
University of Southern California Law School
Los Angeles, CA 90089-0071
U.S.A.
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