Utah could become ‘the Las Vegas of virtual weddings,’ state senator says
A bill providing guidelines for county clerks would codify much of Utah County’s innovative online marriage policy that has streamlined services for locals and has resulted in thousands of international marriages.
The sponsor of SB81, Sen. Todd Weiler, R-Woods Cross, said during a senate hearing on Thursday that digital marriage applications and virtual ceremonies performed by Utah County have been a “resounding success for a lot of people” in the aftermath of COVID-19. But without legislative oversight, Weiler said, there is the potential for abuse.
During his presentation of the bill to committee members, Weiler said as a private attorney he recently became aware “of a plural marriage that was performed in the Middle East virtually in Utah County.” Without providing further details, in the name of “client confidentiality,” Weiler said he was hired to perform the “very difficult” task to “unwind” the marriage in question.
In addition to this firsthand experience, Weiler said others had approached him with worries that without statewide guardrails, instances like this, where foreign nationals misuse online marriage opportunities in Utah, would occur more frequently.
“I’m fine with Utah being the Las Vegas of virtual weddings; I don’t want Utah to be the Las Vegas of child or plural marriages virtually,” Weiler said. “That’s what I’m trying to avoid.”
Since the Utah County Clerk’s Office began providing online marriage licenses and ceremonies in January 2020, thousands of couples from around the world have used their services to overcome physical separation, because of military deployment or other circumstances, or legal restrictions in their home country.
In 2023, the Israel Supreme Court ruled that the thousands of Israeli marriages that had been performed virtually in Utah County would be recognized by the state. Civil marriages are not performed in Israel but the country has historically recognized civil marriages obtained by citizens who leave the country to get married.
Earlier drafts of Weiler’s bill would have eliminated much of the utility of counties’ online marriage services by requiring one party of the marriage to be present in Utah at the time the marriage is officiated, according to Utah County Clerk Aaron Davidson and Tooele County Clerk Tracy Shaw.
But after discussions with the Utah Association of Counties, Weiler substituted the original text to more closely reflect current county practices with additional verification measures and legal penalties.
The bill, in its current form, outlines several conditions county marriage offices must meet to solemnize a marriage in the state.
A couple must have a valid marriage license issued in the state.
Both parties must willingly declare their intent to enter into the marriage.
An officiant must be physically present in the state when he or she declares the parties married.
Two individuals, 18 years or older, must witness the declarations of intent and the pronouncement of marriage.
These conditions align with the current policies of Utah County, and Tooele County, which performed its first virtual marriage ceremony for foreign nationals this month.
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The bill further clarifies that power of attorney may not be used in the online marriage process on behalf of another. It also requires county clerks to verify the age, legal name and identity of each marriage applicant, and outlines the legal process by which minors can obtain legal documentation with the support of their parent or legal guardian.
Finally, the bill states that officiants who intentionally make a false statement in a marriage certificate can be prosecuted for perjury.
“I believe that these guardrails around the virtual marriage will deter some of the abuse that may have taken place or could have taken place,” Weiler said.
The bill passed out of committee with a bipartisan 8-0 vote. Weiler pledged to continue working on the legislative text with county officials and advocacy groups before a final vote.
