Same-sex marriage became legal in the U.S. state of New Hampshire on January 1, 2010, replacing civil unions. On January 1, 2011, all civil unions in the state became marriages unless otherwise dissolved, annulled or previously converted to marriage.
On January 1, 2008, civil unions became legal in the state. Legislation for same-sex marriage was signed into law by the governor on June 3, 2009, New Hampshire was one of a series of states in 2009 to legalize same-sex marriage in New England.
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(603) 593-4513 (Weare, NH) Currently we have 20 of the best Justices of the Peace in the State of NH ready, willing and able to provide you with the ceremony of your dreams.
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(401) 769-1731 (Cumberland, RI) Offering the confident experience of hundreds of wonderful weddings, we will be there for you for a relaxed, enjoyable, memorable ceremony. Services throughout RI, CT, MA, and NH.
(207) 522-8681 (East Wakefield, NH) A wedding in purest form is the acceptance by community of two people, their love for one another, their desire to become a family.
(603) 486-7442 (Weare, NH) It is your wedding day and the responsibility of your Justice of the Peace is to provide you with a ceremony in keeping with your wishes: the ceremony should be tailored to fit the two of you as a couple.
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NEW HAMPSHIRE STATE LAWS
2010 New Hampshire Statutes
TITLE XLII NOTARIES, COMMISSIONERS, JUSTICES OF THE PEACE, AND ACKNOWLEDGMENTS
CHAPTER 455-A JUSTICES OF THE PEACE
Section 455-A:3 Powers.
NH Rev Stat § 455-A:3 (1996 through Reg Sess)
455-A:3 Powers.
Every justice of the peace shall have the power to administer oaths, perform marriage ceremonies, acknowledge instruments, and any other power prescribed by law. A justice of the peace signing an acknowledgment or jurat on any document or instrument shall type, print, or stamp the name of the justice of the peace and state the expiration date of his or her commission on the document or instrument. However, failure to meet these requirements shall not impair the legal validity of any acknowledgment or jurat.
Source. 1988, 121:10. 1999, 153:1, eff. Jan. 1, 2000.
TITLE XLIII DOMESTIC RELATIONS
CHAPTER 457 MARRIAGES
Section 457:31 Solemnization of Marriage.
NH Rev Stat § 457:31 (1996 through Reg Sess)
457:31 Solemnization of Marriage.
A marriage may be solemnized in the following manner:
I. In a civil ceremony by a justice of the peace as commissioned by the state and by judges of the United States appointed pursuant to Article III of the United States Constitution, by bankruptcy judges appointed pursuant to Article I of the United States Constitution, or by United States magistrate judges appointed pursuant to federal law; or
II. In a religious ceremony by any minister of the gospel in the state who has been ordained according to the usage of his or her denomination, resides in the state, and is in regular standing with the denomination; by any member of the clergy who is not ordained but is engaged in the service of the religious body to which he or she belongs, and who resides in the state, after being licensed therefor by the secretary of state; or within his or her parish, by any minister residing out of the state, but having a pastoral charge wholly or partly in this state.
Source. RS 147:6. CS 156:6. 1861, 2484:1. GS 161:9. 1877, 57:1. GL 180:9. PS 174:8. 1919, 56:1. 1921, 79:1. PL 286:28. RL 338:31. RSA 457:31. 1969, 435:1. 1998, 294:1. 2001, 11:1, eff. April 24, 2001. 2006, 86:2, eff. July 4, 2006. 2009, 59:3, eff. Jan. 1, 2010.
Section 457:31-a Secretary of State.
NH Rev Stat § 457:31-a (1996 through Reg Sess)
457:31-a Secretary of State.
The secretary of state may issue a license to an unordained clergy who is a resident of this state and who is a member of and engaged in the service of a religious body which is chartered by the state if he or she presents a certification from that body that he or she is in its service. Said license shall authorize the clergy to solemnize marriage in this state. The fee for such license shall be $5.
Source. 1969, 435:2. 1975, 81:1, eff. June 14, 1975. 2006, 86:2, eff. July 4, 2006.
Section 457:31-b Solemnization of Marriage; Applicability.
NH Rev Stat § 457:31-b (1996 through Reg Sess)
457:31-b Solemnization of Marriage; Applicability.
I. Nothing contained in this chapter shall affect the right of Jewish Rabbis residing in this state, or of the people called Friends or Quakers, to solemnize marriages in the way usually practiced among them, and all marriages so solemnized shall be valid. Jewish Rabbis residing out of the state may obtain a special license as provided by RSA 457:32.
II. Nothing in this chapter shall be construed to prohibit a person authorized to solemnize a marriage in a religious ceremony from solemnizing a marriage in a civil ceremony.
Source. 2009, 60:6, eff. Jan. 1, 2010 at 12:01 a.m.
Section 457:32 Special Commission.
NH Rev Stat § 457:32 (1996 through Reg Sess)
457:32 Special Commission.
The secretary of state may issue a special license to an ordained or non-ordained minister residing out of the state, or to an individual residing out of state who is authorized or licensed by law to perform marriages in such individual’s state of residence, authorizing him or her in a special case to marry a couple within the state. In the case of an individual residing out of state who is authorized or licensed by law to perform marriages in such individual’s state of residence, the secretary of state may require the submission of a copy of a valid commission or other indicia of authority to marry in the individual’s state of residence as proof of existence of that authority. The names and residences of the couple proposed to be married in such special case shall be stated in the license, and no power shall be conferred to marry any other parties than those named therein. The fee for such license shall be $25. The secretary of state shall keep a permanent record of all such special licenses, which record shall contain the names and residences of the couple to be married and the name and residence of the minister to whom the license is issued.
Source. RS 147:6. CS 156:6. 1861, 2484:1. GS 161:9. 1877, 57:1. GL 180:9. PS 174:8. 1919, 56:1. 1921, 79:1. 1925, 27:1. PL 286:29. RL 338:32. 2000, 75:1. 2003, 319:20, eff. July 1, 2003.
Section 457:32-a Judges of the United States.
NH Rev Stat § 457:32-a (1996 through Reg Sess)
457:32-a Judges of the United States.
The secretary of state may issue a special license to a judge of the United States residing in this state who is appointed pursuant to Article III of the United States Constitution, to a judge of the United States Bankruptcy Court residing in this state and appointed pursuant to Article I of the United States Constitution, or to a United States magistrate judge residing in this state and appointed pursuant to federal law, to marry a couple within the state. There shall be a fee of $25 for each such license, and the secretary of state shall maintain a record of all such special licenses issued. A copy of the marriage license of the couple proposed to be married shall be filed with the secretary of state who shall maintain a permanent record of all such marriage licenses and the name and residence of the judge or magistrate performing the ceremony.
Source. 1998, 294:2. 2001, 11:2, eff. April 24, 2001.
Section 457:33 Fee for Solemnizing.
NH Rev Stat § 457:33 (1996 through Reg Sess)
457:33 Fee for Solemnizing.
The persons joined in marriage by a minister or justice of the peace shall pay the minister or justice a minimum of $5.
Source. RS 147:7. CS 156:7. GS 161:10. GL 180:10. PS 174:9. PL 286:30. RL 338:33. RSA 457:33. 1969, 244:2. 1988, 121:13, eff. Oct. 1, 1988.
Section 457:34 Penalty for Solemnization Without Valid Certificate.
NH Rev Stat § 457:34 (1996 through Reg Sess)
457:34 Penalty for Solemnization Without Valid Certificate.
If a minister or justice of the peace shall join any persons in marriage without having first received a certificate of the town clerk, or shall join any persons in marriage with a certificate which he knows to be invalid, he shall forfeit for each offense $60.
Source. RS 147:12. CS 156:9. 1854, 1518:5. GS 161:8. GL 180:8. PS 174:10. PL 286:31. 1939, 52:2. RL 338:34.
Section 457:35 Penalty for Solemnization by Unauthorized Person.
NH Rev Stat § 457:35 (1996 through Reg Sess)
457:35 Penalty for Solemnization by Unauthorized Person.
If a person not authorized by this chapter to solemnize marriages shall join any persons in marriage, with or without a certificate, he shall be guilty of a misdemeanor.
Source. RS 147:13. CS 156:10. GS 161:11. GL 180:11. PS 174:11. PL 286:32. RL 338:35. RSA 457:35. 1973, 529:113, eff. Oct. 31, 1973 at 11:59 p.m.
Section 457:36 Effect of Informality.
NH Rev Stat § 457:36 (1996 through Reg Sess)
457:36 Effect of Informality.
No marriage solemnized before a person professing to be a justice of the peace or minister of the gospel shall be void, nor shall its validity be affected on account of want of jurisdiction or authority in such supposed justice or minister, or on account of any omission or informality in the certificate of intention of marriage, if the marriage is in other respects lawful and has been consummated with the belief on the part of either of the parties thereto that they were lawfully married.
Source. RS 147:15. CS 156:12. GS 161:13. GL 180:13. PS 174:12. PL 286:33. RL 338:36.
Section 457:37 Affirmation of Freedom of Religion in Marriage.
NH Rev Stat § 457:37 (1996 through Reg Sess)
457:37 Affirmation of Freedom of Religion in Marriage.
Each religious organization, association, or society has exclusive control over its own religious doctrine, policy, teachings, and beliefs regarding who may marry within their faith.
I. Members of the clergy as described in RSA 457:31 or other persons otherwise authorized under law to solemnize a marriage shall not be obligated or otherwise required by law to officiate at any particular civil marriage or religious rite of marriage in violation of their right to free exercise of religion protected by the First Amendment to the United States Constitution or by part I, article 5 of the New Hampshire constitution.
II. No religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, shall be required to participate in a ceremony solemnizing marriage in violation of the religious beliefs of such organization, association, or society.
III. Notwithstanding any other provision of law, a religious organization, association, or society, or any individual who is managed, directed, or supervised by or in conjunction with a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges to an individual if such request for such services, accommodations, advantages, facilities, goods, or privileges is related to the solemnization of a marriage, the celebration of a marriage, or the promotion of marriage through religious counseling, programs, courses, retreats, or housing designated for married individuals, and such solemnization, celebration, or promotion of marriage is in violation of his or her religious beliefs and faith. Any refusal to provide services, accommodations, advantages, facilities, goods, or privileges in accordance with this section shall not create any civil claim or cause of action or result in any state action to penalize or withhold benefits from such religious organization, association, or society, or any individual who is managed, directed, or supervised by or in conjunction with a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society.
IV. The marriage laws of this state shall not be construed to affect the ability of a fraternal benefit society to determine the admission of members pursuant to RSA 418:5, and shall not require a fraternal benefit society that has been established and is operating for charitable or educational purposes and which is operated, supervised, or controlled by or in connection with a religious organization to provide insurance benefits to any person if to do so would violate the fraternal benefit society’s free exercise of religion as guaranteed by the First Amendment of the United States Constitution and part I, article 5 of the New Hampshire constitution.
V. Nothing in this chapter shall be deemed or construed to limit the protections and exemptions provided to religious organizations under RSA 354-A:18.
Source. RS 147:8. CS 156:8. 1854, 1518:4. GS 161:7. GL 180:7. PS 174:13. PL 286:34. 1927, 45:1. RL 338:37. RSA 457:37. 1992, 243:2, eff. July 12, 1992. 2009, 60:7, eff. Jan. 1, 2010 at 12:01. a.m.; 61:1, 2, eff. Jan. 1, 2010 at 12:02 a.m.
