Remuneration for Solemnizing a Marriage

Any gratuity received by a county mayor/executive, municipal mayor, county commissioner, or county clerk for the solemnization of a marriage, whether performed during or after their regular working hours, shall be retained by them as personal remuneration for such services in addition to any other sources of compensation they might receive, and such gratuity shall not be paid into the county general fund.  T.C.A. § 36-3-301. However, a county mayor/executive, municipal mayor, county commissioner, or county clerk is prohibited from charging a fee or demanding compensation of any kind for the solemnization of a marriage. Such a public officer who knowingly charges a fee or demands compensation of any kind for the solemnization of a marriage commits a Class C misdemeanor, and such violation creates a rebuttable presumption that there is an actionable basis to institute ouster proceedings. T.C.A. § 36-3-301.

 A judge's receipt of compensation for performing a marriage ceremony violates Article VI, Section 7 of the Tennessee Constitution, T.C.A. § 8-21-101, and the Code of Judicial Conduct. Op. Tenn. Att’y Gen. 84-286 (10/25/84). It appears it is permissible for a judge to accept a check made out to a charity as long as the judge does not treat the funds as income for tax purposes or take a tax deduction for the charitable contribution. Op. Tenn. Att’y Gen. U87-18 (2/10/87).