§572-12  By whom solemnized.  (a)  A license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by:

     (1)  Any minister, priest, or officer of any religious denomination or society who has been ordained or is authorized to solemnize marriages according to the usages of that denomination or society;

     (2)  Any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society; or

     (3)  Any justice or judge or magistrate, active or retired, of a state or federal court in the State,

upon presentation to the person or society solemnizing the marriage of a license to marry, as prescribed by this chapter.  A person or society licensed to solemnize a marriage may receive the price stipulated by the parties or any gratuity tendered.

     (b)  A civil license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by, any individual at least eighteen years of age, upon presentation to the individual of a license to marry, as prescribed by this chapter.  An individual with a civil license to solemnize a marriage may receive the price stipulated by the parties or any gratuity tendered.  The civil license shall be valid for no less than two years from the date of its issuance; provided that a temporary three-month civil license may be issued upon an individual's request.  The fee for a civil license shall be $100 per year the permit is valid; provided that the fee for a temporary three-month license shall be $25.  An individual who performs a solemnization of a marriage pursuant to a civil license issued under this subsection shall obtain the prior written consent of each person for whom a solemnization is performed and fulfill all provisions of sections 572-13 and 572‑15 applicable to persons authorized to solemnize marriages. [CC 1859, §1285; RL 1925, §2950; am L 1929, c 104, §6; RL 1935, §4640; RL 1945, §12361; RL 1955, §323-12; HRS §572-12; am L 1969, c 19, §2; am L 1974, c 15, §1; am L 2021, c 211, §2]

Case Notes

  In adultery, testimony of clergy who was authorized to solemnize and perform marriage is admissible.  10 H. 440 (1896).

  If record introduced, not necessary to prove that celebrant had authority to solemnize.  10 H. 442 (1896).

  No ceremony necessary, but license is.  25 H. 397 (1920).