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Reader Meredith wrote in with a question: “Why can boat captains marry people? Can other people in charge of other large vessels perform weddings?”
Meredith, if you plan to have a boat captain officiate your wedding (how Jim and Pam of you), I hope you read this before leaving port. While a good sailor knows that the captain is the ultimate authority on a ship, his or her power extends only so far. At one point, the United States Navy explicitly stated, “The commanding officer shall not perform a marriage ceremony on board his ship or aircraft.”
What about non-Navy captains, though? Well that depends on the captain. They can’t perform marriages at sea (or on dry land) by virtue of their maritime license alone, and no state has enacted a statute explicitly authorizing ships’ captains to officiate marriages. However, if a captain also falls into one of the categories of “persons qualified to solemnize marriages” prescribed in laws of the state they’re in, then they’re good to go.
In the Commonwealth of Pennsylvania, my home sweet home, these qualified persons are:
• Active or retired justices, judges or magisterial district judges of the Commonwealth
• Active or senior judges or full-time magistrates of the District Courts of the United States for the Eastern, Middle or Western District of Pennsylvania
• Active, retired or senior bankruptcy judges of the United States Bankruptcy Courts for the Eastern, Middle or Western District of Pennsylvania who are residents of the Commonwealth
• Active, retired or senior judges of the United States Court of Appeals for the Third Circuit who are residents of the Commonwealth
• Mayors of any cities or boroughs of the Commonwealth
• Ministers, priests or rabbis of any regularly established church or congregation
Other states have their own qualified persons. In Florida, public notaries make the list. New Jersey allows “every minister of every religion” to officiate weddings, even those without “established churches or congregations” (i.e. people who get ordained through the Universal Life Church’s website). Massachusetts law allows the governor to “designate non-clergy individuals to solemnize a marriage, such as a friend or a family member,” which means just about anyone (even sea captains) can officiate a marriage if they fill out an application and submit a letter of recommendation and $25 fee.
Despite what the laws say, some people have gone ahead and gotten married by plain old boat captains anyway, and the courts have been pretty inconsistent when ruling on the validity of these marriages. In one well-known case, Fisher vs. Fisher, a court ruled that a particular marriage solemnized by a ship’s captain was valid (and more generally that, absent a statute stating otherwise, an exchange of vows between two consenting parties constituted a valid marriage). In another case, Norman vs. Norman, a court came down on the opposite side of the fence.
So, kids, if you’re planning on having a wedding at sea, make sure your captain is qualified. Or just do it and let the courts sort it out later. Or, if you’re in New Jersey, I’d be happy to be ordained in the Universal Life Church and perform an official mental_floss wedding for you. I’ll take requests via Twitter.
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Comments (18)
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As I always understood it, captains may marry people; however, the marriage is only valid for the duration of the trip!
posted by RJK on 11-2-2009 at 11:38 am
Jim and Pam were actually on the Canadian side of the falls. The law might be different in Canada. Also I am a minister in the Universal Life Church, and it didn’t cost me a single penny!
posted by Thomas on 11-2-2009 at 11:49 am
How funny would it be to be married by a bankruptcy judge! Wonder how that would bode for the marriage
posted by Jdoc on 11-2-2009 at 11:53 am
Did you intentionally pick Fisher v Fisher as an example for a boat related marriage?
posted by Hastings on 11-2-2009 at 11:59 am
@Jdoc – I had the same thought! Not a good start to any life together!
ReCaptcha: husband contributions
posted by Ranger J on 11-2-2009 at 12:08 pm
I was married by a judge… in between his cases. The case that came before our marriage was a domestic assault. Gosh, that was a nice segue to a wedding! We just laugh about it though. We’ve been married almost 25 years so I guess it didn’t have any adverse affect.
posted by Hyacinth on 11-2-2009 at 12:51 pm
Marriage is a legal contract, folks. In general, having “some guy” draw up your legal contracts is a bad idea.
posted by Zach on 11-2-2009 at 12:54 pm
I’m ordained by the ULC….woohoo!
posted by Dan on 11-2-2009 at 1:01 pm
@Hastings – agreed! I love punnily ironic things like that – (Fisher v Fisher).
:)
And any post regarding JAM makes my day, so thanks!! :)
posted by OkieMelissa on 11-2-2009 at 1:02 pm
@Hastings,
I wish I were that clever.
posted by Matt Soniak on 11-2-2009 at 1:07 pm
Weren’t the rules different 200 years ago? When a trip to another continent took months, such authority was necessary, where it isn’t today.
posted by Miss Cellania on 11-2-2009 at 3:01 pm
Just thought I’d note that false solemnization of a marriage is a crime in several states (e.g., Wisconsin). So if you don’t fall into one of those categories of people approved by state law to perform marriages, don’t just say no when your buddy asks you to officiate at his wedding.
I don’t know if a ship’s captain has ever been thrown in the hoosegow (or brig) for performing a marriage ceremony, but talk about an inauspicious start to your life together — married by a soon-to-be convicted felon!
posted by Peter on 11-2-2009 at 4:23 pm
Let’s all not disagree that not using the wrong number of negatives in a sentence isn’t a mistake.
Sorry.
posted by Peter on 11-2-2009 at 4:26 pm
Actually,(and this is verifiable) ANY Alaska resident can perform one marriage ceremony once in his or her lifetime. The reason for this is, many inuit villages are too secluded to have an official come to perform the marriage. Obviously because they can’t discrimiate, the law extends to all Alaskans. My brother in law just recently attended a wedding in Alaska where the “Officiate” was wearing jeans and a sleeveless T-shirt holding a beer. Oh, and the groom smoked a cigarette while walking down the aisle. Welcome to Alaska.
posted by Dan on 11-2-2009 at 4:53 pm
Hey thanks! I’ll think twice before getting married on the ferry commute from work.
And now to think up other random questions…
posted by Meredith on 11-2-2009 at 7:21 pm
As someone who’s been proposed to by four men and only said yes to one I can honestly say that I wish there had been a boat captain available when I did say yes, just to get it over with! ;)
ReCaptcha: Dynasty Granny
That’s what I’ll be, eventually, especially since at 26 I already have 9 nieces, three nephews, three great-nieces, one great-nephew, and one on the way!! Make way America-my family tree is EXPLODING!!
posted by KillerQueen11 on 11-3-2009 at 1:53 am
Being involved in the US side of mariner licensing, I can honestly say no one in the office has ever been asked this… at least we have an answer now, in case!
posted by Starsy on 11-3-2009 at 4:55 pm
Anybody can get ordained in the US and perform a marriage. I’ve been to two “ULC” weddings now, it’s becoming quite hip.
recaptcha is MAN rodger, not quite as funny as dynasty granny :)
posted by FlyingTheSoul on 11-10-2009 at 6:56 pm