Could a Georgia judge lawfully officiate a marriage ceremony in South Carolina?

Plain-English summary

A Georgia Superior Court judge told the South Carolina Attorney General that he had performed a marriage ceremony in Aiken at a former secretary's request. The AG quoted Section 20-1-20, which limited who could administer marriage ceremonies in South Carolina, and said it knew of no authority allowing a Georgia judge to do so. It expressly declined to declare the particular marriage invalid because the office lacked that authority.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did being a Georgia judge automatically authorize the Aiken ceremony?
A: The AG said it knew of no authority giving a Georgia judge that power under the South Carolina statute it cited.

Q: Did the opinion void the marriage that had already occurred?
A: No. The letter expressly said the AG's office could not declare a marriage invalid.

Background and statutory framework

Section 20-1-20 listed ministers of the Gospel, accepted Jewish rabbis and officers authorized to administer oaths in South Carolina as permitted officiants at the time. The letter addressed only the described out-of-state judge's authority and did not adjudicate the couple's marital status.

Citations

• Section 20-1-20

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-1-2004/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04july-1-Brown.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMASIER

July 1, 2004

ATTORNEY GENERAL

The Honorable Carl C. Brown, Jr.
Judge Superior Courts
Augusta Judjcial Circuit
320 City-County Building (11)
Augusta, Georgia 3091 1

I

Dear Judge Brown:
In a Jetter to this office you indicated that at the request of your former secretary, as a judge, you performed a marriage ceremony in Aiken, South Carolina on April 7, 2004. According to your letterhead, you are a judge of the Superior Courts for the Augusta, Georgia Judicial Circuit.

S.C. Code Ann. Section 20-1-20 (1985) provides that "(o)nly ministers of the Gospel or accepted Jewish rabbis and officers authorized to administer oaths in this State are authorized to administer a marriage ceremony in this State." While this office has no authority to declare a marriage invalid, I am unaware of any authority providing that a Georgia judge has the power to perform a marriage in South Carolina. With kind regards, I am, Very truly yours,

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Charles H. Richardson
Senior Assistant Attorney General

REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General

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D ENNIS BUU.OING

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POST0FFTCE 80X 11549

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COLUMlllA, S.C. 29211-1549

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T ELEPHONE: 803-734-3970

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FACSIMUJ:: 803-253-6283