Under ORS 106.120, six categories of people and organizations can solemnize a marriage in Oregon: judicial officers, county clerks and their deputies, religious congregations or organizations, clergy authorized by a religious body, qualifying secular organizations, and celebrants authorized by those secular organizations. Whoever performs the ceremony must be authorized in one of these ways, two witnesses must be present, and the completed paperwork has to reach the county clerk within five calendar days.1Oregon State Legislature. Oregon Revised Statutes 106.120 – Who May Solemnize Marriage
The Six Categories of Authorized Officiants
Oregon’s list is broader than most states’, but the boundaries matter. If the person at the front of the room doesn’t fit one of these six slots, the ceremony has no legal effect.
- Judicial officers. Any Oregon judicial officer as defined by ORS 1.210. That covers circuit court judges, municipal court judges, justices of the peace, and tax court judges. Active federal judges and active U.S. magistrate judges also qualify. ORS 1.210 defines a judicial officer as a person authorized to act as a judge in a court of justice, and it doesn’t separate active from retired status.
- County clerks and deputy county clerks. A clerk or deputy can perform a ceremony anywhere in the state, not only in the county where they work.
- Religious congregations or organizations. The congregation itself can solemnize a marriage under its established ritual, provided it meets the criteria in ORS 106.150.
- Clergy. Any clergyperson authorized by their religious congregation or organization to perform marriages. Oregon doesn’t dictate a specific title; the authorization from the religious body is what counts.
- Secular organizations. The statute defines a secular organization as one that “occupies a place in the lives of the organization’s members parallel to that filled by a church or particular religious authority.” A qualifying secular organization can solemnize marriages the same way a religious congregation can.
- Celebrants or officiants of secular organizations. An individual authorized by a qualifying secular organization to perform marriages.
Can a Friend Get Ordained Online to Marry You?
Yes, in most cases. The secular organization provision is what makes online-ordained officiants viable in Oregon. Organizations like the Universal Life Church and American Marriage Ministries function as secular organizations under the statute and authorize their celebrants to perform marriages. The key legal test is that the organization occupies a role in its members’ lives parallel to that of a church.
If you’re asking a friend to get ordained for your wedding, confirm two things before the date. First, the ordaining organization should clearly meet the “parallel to a church” standard. Second, your friend should have documentation of their authorization from that organization in case the county clerk asks.1Oregon State Legislature. Oregon Revised Statutes 106.120 – Who May Solemnize Marriage
Oregon Does Not Allow Self-Solemnization
A few states let couples marry themselves without an officiant. Oregon isn’t one of them. You need someone from the six categories above to solemnize the marriage, and you need two witnesses. Skipping the officiant leaves you with a ceremony, not a marriage.
What the Officiant Actually Has to Do
The ceremony itself is flexible. ORS 106.150 says no particular form is required. Only three things have to happen for the marriage to be legally solemnized:
- Both partners declare, in the presence of the officiant and at least two witnesses, that they take each other as spouses.
- The officiant (or the congregation or organization, if the ceremony is performed before the whole body) is authorized under ORS 106.120.
- At least two witnesses are present.
Vows, rings, and religious elements are optional. Religious congregations and secular organizations may follow their own established rituals, and those ceremonies are equally valid so long as no legal impediments exist.2Oregon State Legislature. Oregon Revised Statutes 106.150 – Form of Solemnization
What a Government Officiant Costs
If you’re being married by a judge or county clerk, two separate charges can apply.
The Standard $117 Fee
When a tax court, appellate, or circuit court judge performs the marriage, the clerk of the court or the county clerk collects a $117 fee, which goes into the Judicial Department Operating Account. The same $117 applies when a county clerk or deputy county clerk officiates. This fee is only collected when the ceremony takes place during normal working hours at a courthouse or clerk’s office, or when more than a minimal amount of staff time is used. The Chief Justice or county clerk can waive it in exigent circumstances, including inability to pay.1Oregon State Legislature. Oregon Revised Statutes 106.120 – Who May Solemnize Marriage
Up to $200 for Off-Site or After-Hours Ceremonies
On top of the standard fee, a judicial officer, county clerk, or deputy county clerk may charge a personal payment of up to $200 plus actual costs when the ceremony is held somewhere other than the courthouse or outside normal working hours. Actual costs can include verified food and lodging expenses. The $200 cap is indexed annually by the State Court Administrator, so the current figure may be slightly higher.1Oregon State Legislature. Oregon Revised Statutes 106.120 – Who May Solemnize Marriage
Religious clergy and secular celebrants set their own fees. The statute doesn’t cap what a private officiant can charge.
The Officiant Has Five Days to File the Paperwork
This is the deadline couples most often get wrong. The officiant must complete the original application, license, and record of marriage form and deliver it to the county clerk who issued the license within five calendar days of the ceremony. The completed form has to include:
- The names and addresses of both spouses
- The names and addresses of at least two witnesses
- The date and place of the marriage
- The officiant’s signature
- The date of the marriage license and the name of the issuing county clerk
Every entry on the form has to match the license exactly. Spelling discrepancies between the license and the completed form are the most common source of administrative delays, so the officiant should cross-check the license before signing.3Oregon State Legislature. Oregon Revised Statutes Chapter 106 – Marriage; Domestic Partnership
If the Officiant Misses the Deadline
An officiant who refuses or neglects to deliver the paperwork faces a penalty of $10 to $50 for every five days the filing is late, recoverable by legal action under ORS 106.990. The penalty falls on the officiant, not the couple.3Oregon State Legislature. Oregon Revised Statutes Chapter 106 – Marriage; Domestic Partnership
A late or missing filing doesn’t necessarily invalidate the marriage. Courts have generally treated filing requirements as procedural rather than substantive. In a 2013 Nebraska Supreme Court case involving a similar statute, the court held that a marriage remained valid even though the officiant never returned the certificate, reasoning that the legislature did not intend to punish couples for an officiant’s failure. Oregon courts have not squarely ruled on this, but the underlying principle is widely recognized: if the license was valid and the ceremony met the legal requirements, the marriage exists whether or not the paperwork arrived on time. Proving it without the filed record is a different problem, so follow up with the county clerk if you haven’t received confirmation within a couple of weeks.