Connecticut General Statutes

Conn. Gen. Stat. § 46b-22 (2026)

(Formerly Sec. 46-3). Who may join persons in marriage. Penalty for unauthorized performance

✓ current as of May 2026

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(a) Persons authorized to solemnize marriages in this state include (1) all judges and retired judges, either elected or appointed, including federal judges and judges of other states who may legally join persons in marriage in their jurisdictions, (2) family support magistrates, family support referees, state referees and justices of the peace who are appointed in Connecticut, and (3) all ordained or licensed members of the clergy, belonging to this state or any other state. All marriages solemnized according to the forms and usages of any religious denomination in this state, including marriages witnessed by a duly constituted Spiritual Assembly of the Baha'is, are valid. All marriages attempted to be celebrated by any other person are void.

(b) No public official legally authorized to issue marriage licenses may join persons in marriage under authority of a license issued by himself, or his assistant or deputy; nor may any such assistant or deputy join persons in marriage under authority of a license issued by such public official.

(1949 Rev., S. 7306; 1951, S. 3001d; 1967, P.A. 129, S. 1; P.A. 78-230, S. 4, 54; P.A. 79-37, S. 1, 2; P.A. 87-316, S. 3; June Sp. Sess. P.A. 01-4, S. 27, 58; P.A. 06-196, S. 276; P.A. 07-79, S. 5; P.A. 15-74, S. 1; 15-85, S. 4.)

History: 1967 act specified validity of marriages witnessed by Spiritual Assembly of the Baha'is; P.A. 78-230 divided section into Subsecs., deleted reference to county and reordered and rephrased provisions in Subsec. (a) and substituted “may” for “shall” in Subsec. (b); P.A. 79-37 authorized retired judges and state referees to perform marriages; Sec. 46-3 transferred to Sec. 46b-22 in 1979; P.A. 87-316 applied provisions to family support magistrates; June Sp. Sess. P.A. 01-4 amended Subsec. (a) by adding provision re federal judges and judges of other states who may legally join persons in marriage in their jurisdictions, effective July 1, 2001; P.A. 06-196 made a technical change in Subsec. (a), effective June 7, 2006; P.A. 07-79 amended Subsec. (a) to add Subdiv. designators (1) to (3), revise provisions re persons authorized to solemnize marriages within the state and make technical changes; P.A. 15-74 amended Subsec. (a)(3) by deleting requirement that members of the clergy continue in the work of the ministry; P.A. 15-85 amended Subsec. (a)(2) by adding “family support referees”, effective June 24, 2015.

Annotations to former section 46-3:

Minister who solemnizes marriage must be “settled in the work of the ministry”. 2 R. 382. Ordained deacon performing usual duties of minister held to be authorized. 4 C. 134. A clergyman in performing marriage ceremony is a public officer and his acts in that capacity prima facie evidence of his character. Id., 219. Proof of celebration of marriage raises a presumption of its validity. 85 C. 186; 93 C. 47. In absence of proof of authority of justice of peace, marriage void; our law does not recognize common law marriages. 129 C. 432. Marriage, deficient for want of due solemnization, voidable. 163 C. 588.

Annotation to present section:

Former section cited. 182 C. 344.

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Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1980–2023 · leading case: Carabetta v. Carabetta, 438 A.2d 109 (Conn. 1980).

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Carabetta v. Carabetta, 438 A.2d 109 (Conn. 1980). · cites it 4× “NOTES [1] Now General Statutes § 46b-21. [2] Now General Statutes § 46b-24.”

Tilsen v. Benson, 347 Conn. 758 (Conn. 2023). · cites it 2× “2d 379 (1972) (concluding that parties’ second marriage was voidable when performed under remarriage ceremony that complied with Catho- lic canon law, which did not recognize parties as divorced, but was inconsistent with General Statutes § 46-3, now General Statutes § 46b-22,…”

Winsor v. Comm'r of Motor Vehs., 922 A.2d 330 (Conn. App. Ct. 2007). · cites it 2× “, General Statutes § 9-248 (secretary of state must give municipal officials “one certifícate on which can be certified that party watchers have witnessed the testing and preparing of the [voting] machines”); General Statutes § 19a-286 (c) (commissioner of public health must…”

Gershuny v. Gershuny, 140 A.3d 196 (Conn. 2016). · cites it 8× “2016) § 46b-22 2 and General Statutes § 46b-28a.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.