Virginia Code

Va. Code Ann. § 20-25 (2026)

Persons other than ministers who may perform rites

✓ current as of May 2026

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Upon application filed with the clerk of the circuit court and payment of applicable clerk's fees, such clerk may issue an order authorizing one or more persons to celebrate the rites of marriage in the Commonwealth. Any person so authorized may be required to, before acting, enter into bond in the penalty of $500, with or without surety, as the clerk may direct. Any order made under this section may be rescinded at any time. No oath shall be required of a person authorized to celebrate the rites of marriage, nor shall such person be considered an officer of the Commonwealth by virtue of such authorization. The clerk of any circuit court shall be immune from any cause of action that arises from the issuance or rescinding of an order under this section, absent gross negligence or willful misconduct.

Any judge or justice of a court of record, any judge of a district court, any retired judge or justice of the Commonwealth, any active, senior, or retired federal judge or justice who is a resident of the Commonwealth, or any current or former (i) member of the General Assembly, (ii) Governor of Virginia, (iii) Lieutenant Governor of Virginia, (iv) Attorney General of Virginia, (v) Virginia member of the United States Senate or United States House of Representatives, or (vi) clerk of a circuit court of the Commonwealth who is a resident of the Commonwealth may celebrate the rites of marriage anywhere in the Commonwealth without the necessity of bond or order of authorization.

Code 1919, § 5080; 1938, c. 152; 1981, c. 295; 1981, Sp. Sess., c. 15; 1983, c. 64; 1985, c. 195; 1987, c. 149; 2003, c. 228; 2004, cc. 612, 680; 2012, c. 802; 2016, c. 611; 2021, Sp. Sess. I, c. 87; 2023, c. 789; 2024, cc. 412, 499; 2026, c. 437.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1954–2026 · leading case: Cramer v. Commonwealth, 202 S.E.2d 911 (Va. 1974).

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Cramer v. Commonwealth, 202 S.E.2d 911 (Va. 1974). · cites it 2× “” And Code § 20-25 authorizes certain courts of Virginia to appoint one or more persons, resident in the county or city in which such court is held, to celebrate the rites of marriage therein.”

Nelson v. Lamb, 81 S.E.2d 762 (Va. 1954). · cites it 2× “This was done under section 20-25 of the General Statutes of North Carolina by an appeal to the Superior Court from the order of revocation.”

Landes (W.D. Va. 2026). · cites it 30× “¶ 31 (quoting Va. Code Ann. § 20-25 ).) This option is available to residents that otherwise may not qualify for authorization under the other two subsections.”

In re Kooiman, 45 Va. Cir. 503 (Fairfax Cir. Ct. 1998). · cites it 4× “Virginia Code § 20-25, 1 authorizes this Court to issue civil marriage celebrant licenses to Fairfax County residents.”

Advanced Transp. & Logistics, Inc. v. Botetourt Cnty., 79 Va. Cir. 359 (Botetourt Cir. Ct. 2009). · cites it 2× “At various points in their joint proposed findings of fact and conclusions of law, the defendant and the intervenors refer to the Board’s action in March of2008 as “modifications” or “amendments” to the existing contract.”

Town of New Mkt. v. Battlefield Enter., Inc., 8 Va. Cir. 96 (Shenandoah Cir. Ct. 1984). · cites it 2× “Section 20-25 of the New Market ordinance has similarly inverted the higher constitutional protection afforded non-commercial speech by permitting on-premise commercial advertising signs but excluding all but a few on-premise non-commercial signs.”

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