Legal Question in Civil Rights Law in Virginia

A person recognized under Virginia law as qualified to officiate at the

ceremony is required but that doesn't necessarily mean a minister

but could include various civil personages such as a local judge, possibly,

a clerk of court or other official person.

Hi there--first, you should be entitled to a marriage license from the circuit court clerk's office. I assume that's not the problem. That office should also have a list of people in each area county who are authorized to perform marriages. If no one on the list will do it, you know what I would do? Ask if one of the circuit judges him- or herself would officiate, perhaps right there in the courthouse, in view of the circumstances; and if that doesn't work, call the federal courthouse--there's one in Abingdon and another in Big Stone Gap--and see if they'll do it. If you still have trouble, I would contact the Virginia ACLU in Richmond--I think there's a possible claim there. What good is a constitutional protection if you can't take advantage of it because of this hurdle? Good luck to you, and let me know what happens or if I myself can help you (I was Va ACLU legal director from 1989-96).

Steve Pershing, Esq.

202.642.1431

[email protected]

Admitted in Virginia and D.C.