Virginia legislature approves bill enabling circuit court clerks to authorize marriage officiants

A newly passed bill put forward by State Del. Alfonso H. Lopez seeks to broaden and clarify the process for approving non-ministers to officiate weddings in Virginia, according to the Virginia State House.

Having cleared both chambers, the measure was formally enrolled on March 30, 2026, after a 75-22 House vote and a 24-16 vote in the Senate.

Originally introduced as HB905 on Jan. 14, 2026, in the 2026 regular session, the bill was described by the state legislature as: “Persons other than ministers who may perform rites of marriage; clerk may issue order.”

Below is our synopsis, based on the actual bill language, with interpretive details for added clarity.

Essentially, the proposal updates Virginia law to allow circuit court clerks, not just judges, to issue orders allowing circuit residents to perform marriages upon submitting an application and paying required clerk fees. The legislation states clerks can request a $500 bond, with or without surety, but may waive the bond for those eligible for in forma pauperis status. It also specifies such authorization may be rescinded at any time. The measure reiterates that authorized individuals are not required to take an oath or act as state officers, and it preserves the existing right for designated judges, federal judges, and current or former high-ranking elected officials and circuit court clerks to conduct marriages statewide without bond or a court order.

In the House, 62 Democrats and 13 Republicans voted in support; 22 Republicans voted against the bill.

In the Senate, the bill was backed by 21 Democrats and 3 Republicans, while 16 Republicans opposed it.

Del. Alfonso H. Lopez (Democrat-3rd District) served as the sole patron of the legislation.

Lopez earned a BA from Vassar College in 1992 and a JD from Tulane University in 1995.

Lopez, a Democrat, was elected in 2024 to represent Virginia’s 3rd House district, succeeding former representative Will Morefield.

In Virginia, the legislative process starts with a bill’s introduction in either chamber, followed by committee review, possible amendments, and a floor vote. Measures approved by both the House and Senate go to the governor, who may sign, veto, or allow the bill to become law without a signature. The Virginia General Assembly meets annually, starting on the second Monday in January, with lawmakers introducing hundreds of bills per session, though only a fraction are enacted.

Information in this article was obtained from the Virginia State House. The source data can be found here.