Who Qualifies as a Tennessee Ordained Minister?
In order to become an ordained minister in Tennessee, an individual must meet certain qualifications and eligibility requirements. At its core, most religious organizations have internal guidelines, often with minimal requirements, for a person to become an ordained minister, setting their own parameters or limitations of its requirements.
For example, some organizations may have particular age requirements, such as requiring that a candidate be at least 18 years old to apply. Other organizations may specifically require that the candidate be a member of their religious organization to be eligible for ordination.
Internal requirements are not generally an issue for individuals seeking to be ordained in Tennessee, provided that the candidate fulfills the requirements of the religious organization. Although many religious organizations have minimum age requirements for their members, there are a few organizations that do allow individuals to be ordained at a younger age, such as after they turn 16 or 17. For example, regulations governing the Church of God of Prophecy, a Christian Pentecostal denomination, permit candidates to be ordained even if they have not reached the minimum age of 18.
In Tennessee, however, we have ministerial laws that apply to all religious leaders of any denomination. Most of these statutory requirements focus on obtaining ordination for the purpose of officiating marriages.
Tennessee law establishes the eligibility requirements for someone who wishes to become an ordained minister in order to solemnize a marriage. T.C.A. § 36-3-301 specifies that to be eligible for a ministerial license, that individual must:
Be duly recognized as a minister of the gospel;
Be over eighteen (18) years of age;
Be a citizen of the United States or have resided in the state of Tennessee for two (2) years;
Be appointed by a recognized religious organization as a minister of the gospel, and have received a license from that organization to solemnize marriages;
Be ordained by a recognized religious organization as a minister of the gospel; or
Be an active member of a recognized religious organization and have been designated by the organization’s minister , clergyperson or other authorized official to solemnize marriages.
It should be noted that the sixth option above does not require the candidate to be authorized by an official of a specific religious organization that they are seeking to represent. In fact, it could authorize an individual to perform marriages without religious affiliation or oversight, allowing for the issuance of marriage licenses to people who are not ordained. This is an area in particular that is scrutinized by the Tennessee General Assembly, as public scrutiny of some ministers has called into question whether some of those leaders actually represent any recognized religious organization at all, offering no proof that they are in fact an ordained minister.
In addition to the eligibility requirements outlined above, Tennessee law provides the following specifications for issuing an ordination certificate:
A ministerial certificate for marrying the parties and an ordination certificate issued in accordance herewith evidencing the signature of the minister or other authorized official shall be returned to the county court clerk where the marriage occurred; provided, the clerks in each of the counties empowered to grant marriage licenses shall also keep on file copies of the certificates of ordination returned in accordance herewith.
The bill pertaining to ordination fees was updated earlier this year in T.C.A. § 36-3-305, as a part of the on-going effort to clarify ministerial regulations. Fees were established at $25, to be paid out of the recorded marriage license fees. For years, online ordination companies from out of state were charging in excess of $75, claiming the legal legitimacy of their ordination companies. In response, the State Attorney General filed an amicus brief, which lead to the passage of T.C.A. § 36-3-305.
As evidenced, there are certain restrictions placed on Tennessee ministers, even those representing religious organizations. To have standing to perform a marriage, a minister must either be duly recognized or licensed, or ordained, and it must be from an established religious organization.
Becoming an Ordained Minister in Tennessee
While there are no educational prerequisites for becoming an ordained minister in Tennessee, one must fill out a credentialing application, typically online, obtain a signature from a licensed reverend, and pay the associated fee.
In Tennessee, many individuals become traditional ministers through local churches, where they eventually take on leadership roles and sign certificates. There is also an increasing number of ministers ordained within online congregations or religious organizations. An individual of any age can apply for ordination. Although most programs will ask for references from people you have studied under or who have worked with you in ministry roles, those people do not have to be ordained ministers themselves. Typically, you will be asked to fill out an application, provide a letter requesting ordination, and include information about yourself. Some online service fee sites will charge for this service.
Most ordination services allow you to choose whether you want to register online or over the phone. In almost all cases, an official certificate will be sent via mail once the application has been completed and approved on their end. Expect an ordination certificate to cost anywhere from $30 to $110 depending on the options you choose. For instance, an application may offer a photo identification card and wallet card for an extra fee.
Legal Obligations for Ordained Ministers
In addition to the administrative details, an ordained minister’s legal obligations extend beyond those issues directly related to maintaining one’s standing with a specific organization. These responsibilities include both the legal requirements to solemnize marriages in the State of Tennessee, as well as the congregation’s expectations for the minister to officiate weddings and other events.
Custody and Retention of Records. Under Tennessee law, a minister is required to keep a copy of the certificate they complete when performing a marriage ceremony. The certificate must be kept at the couple’s principal place of residence within 30 days of the minister’s receipt from the county official who initially issued the wedding license. According to TCA § 36-3-305(b), "Any person willfully failing to return any certificate or copy of any certificate…shall be punished by a fine not exceeding fifty dollars ($50)." In addition to penalizing the minister for failing to return the wedding certificate, this section also imposes the penalty on the couple if the failure to return the document is done "willfully." The 2013 amendment to TCA § 68-11-229 also includes recordkeeping requirements that specifically apply to ordained ministers. Any professional giving spiritual care to the sick must also maintain a contemporaneous, legible medical record, whether paper copy or electronic, for each patient for whom they provide spiritual care services. This requirement applies to both hospital employees and those otherwise providing ad hoc spiritual care there. As has become typical of information provided by state legislatures, this law also sets forth a penalty for noncompliance: Any such health care provider…who intentionally fails to furnish a copy of the ‘spiritual care services’ portion of a patient’s medical record or refuses to provide access to such a portion of a patient’s medical record, shall be guilty of unprofessional conduct, which constitutes a Class A misdemeanor of the applicable licensing authority.
Legal Implications of Officiating Weddings. Ordained ministers in Tennessee may solemnize marriages and shall not be required to purchase a local license or permit to do so. See TCA § 36-3-301. While it seems that almost anyone can become an ordained minister and officiate a wedding, that may not always be true. As previously discussed in the November 18, 2015, post, Well-Intentioned DIY Wedding is Not as Valid as You May Think, officiating a wedding is a power of the state, even when granted to ministers of religion. For this reason, the "unordained" may not be able to obtain the power to officiate marriages in Tennessee. Furthermore, if a minister does not ensure he or she is properly licensed, or fails to follow the legal steps required of municipal officials, the blame can be placed, at least partially, on the officiant. For example, if an ordained minister violates the provisions set out in TCA § 36-3-309 (Marriage solemnized in violation of law), he or she: …is subject to a civil penalty not to exceed five hundred dollars ($500) for violating the following provisions: (1) Section 36-3-301(c)(1), requiring who may solemnize a marriage; (2) Section 36-3-301(c)(2), requiring permission of the parties present before a minister may solemnize a marriage; (3) Section 36-3-302(a)(1), requiring proof of criteria for solemnizing by nonordained ministers; or (4) Section 36-3-302(a)(2), requiring ministers of religion not to solemnize without verifying that the parties have obtained a marriage license. A "marriage solemnized or licensed in violation of the law" is null and void, per TCA § 36-3-309. However, the Minister’s power to solemnize "may not be annulled or voided with respect to any marriage solemnized or licensed because of a violation of a minister’s duty or regulatory provisions of the law, including requirements of a municipal ordinance." TCA § 36-3-309(d). Therefore, even if the minister has correctly solemnized a marriage, if he or she violates state law (i.e. bringing a copy of the certificate to the residence of one of the parties within 30 days of the ceremony), the marriage can be declared null and void.
In addition to the civil penalties for violations, a minister’s credentials can be revoked for not following a law, rule or regulation issued pursuant to the Marriage Law. See TCA § 36-3-309(e).
Conducting Weddings in Tennessee
The legal requirements to be a wedding officiant have radically changed over the last century in Tennessee. From 1909 until the end 1980, ministers of God, often referred to as ordained ministers, did not need to obtain a wedding license in order to solemnize a marriage. Obtaining a wedding license required anyone who would like to officiate a wedding to be appointed as a deputy clerk or commissioner by a local county government authority. The deputy, sometimes referred to as a deputy clerk or commissioner, or for those who obtain their marriage licenses in rural counties where no deputy clerk is appointed a commissioner, can perform marriages, file returns and general hold the powers and duties of a county clerk. This requirement was repealed in 1982 and ministers became the first class of wedding officiants allowed to solemnize weddings without having to first obtain a wedding license themselves.
In 1982, the Tennessee Legislature provided for clergy members to solemnize marriages without being first appointed as a deputy clerk. The requirements were that the minister must: Have established a physical place of worship; Acquired a license and charter from the church or religious denomination; Have an established period of time as an active and continuous member of the church or religious denomination; and Both the church and minister hold the same beliefs regarding same sex marriage. However , due to the U.S. Supreme Court decision Obergefell v Hodges, on June 26, 2015, same sex marriage is now legal in all 50 states, so no denial of a marriage license application based on these belief considerations is permissible.
To be valid, any marriage officiated by a minister must state clearly that it was performed by a minister of the gospel or some other religious entity and must include the residence of the parties being married and their birth places if they so desire to be included in the return. In addition to churches or congregations, ministers of the gospel can be persons who are equally authorized to perform marriages by some other religious organization such as an established denomination, religious body, religious institution, or religious society. (TCA 37-1-301(a)) This means that any faith, no matter how nontraditional, can legally solemnize marriages under the law as long as the minister is authorized by that faith or religious organization to do so. While the tradition of a Christian or Jewish faith and religious organization ordaining ministers is very well established, there is a growing number of faiths and sects, such as the Church of Spiritual Humanism, Universal Life Church, Thee Temple of Kriya Yoga, and Religious Science of Nashville that ordain ministers and provide them with documentation indicating as much. In addition, several New Thought organizations also ordain ministers.
Authority and Restrictions for Tennessee Ordained Ministers
The rights and limitations of ordained ministers in Tennessee are protected and codified by state law. Pertinently, T.C.A. § 63-5-207 provides as follows: (c) No person shall be denied employment or the right to practice a profession, business, trade or avocation because that person is an ordained minister of religion. (d) No person shall be denied the right to hold an office or other position of trust within any church, or denomination and to perform the functions of the office or position solely because the person is an ordained minister of religion. (e) Nothing in this part shall be used to require any church, religious organization, charity, free clinic or other not-for-profit organization to employ any person or otherwise provide for such persons solely because the persons are ministers of religion. Also of note is Constitutional protection afforded to ministers and churches pursuant to the Establishment Clause of the First Amendment, which states in relevant part: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; …. U.S. Const. amend I. The right of an ordained minister to engage in both religious and non-religious speech is protected by the Establishment Cause and Freedom of Speech Clause. Or, as the Ninth Circuit stated in a similar context: The freedom of religion and the freedom of speech, though distinguishable, have in our view a common core. As to a signature drive, it would be nothing sustainable, if we were to deny free speech protection, for example, to a local church with a modest congregation that wanted to increase participation, even though the church was not a large entity …. On the subject of not interfering with the public order and morals, it is well-established that if people lawfully attend a service, congregation, or meeting, that they are not at any time committing a legal wrong or erasing moral duty. See, e.g., R.A.V. v. City of St. Paul, 505 U.S. 377, 396-97, 112 (1992) ("Not only is the statute overbroad … but it aggravates the very evils it is purportedly concerned about because it prohibits even peaceful advocacy of minority viewpoints.") (Emphasis added); see also Ward v. Rock Against Racism, 491 U.S. 781, 795 (1989) ("In this case, the city has not prohibited any particular message … There is no suggestion that the city seeks to suppress a particular viewpoint. It seeks to ensure that all expression in the park falls within acceptable limits.") (Emphasis added); see also Schumann v. Colvin, No. 1:14-cv-00002, 2014 WL 5772821 *12 (E.D. Tenn. Nov. 3, 2014). Ordained ministers have the right to disseminate speech, within the bounds of the law, including religious speech. See, e.g., Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 513 (1969) ("In the absence of a very limited group of abousive [sic] actions [speech], the first amendment does not tolerate laws that cast a pall of orthodoxy on the classroom.")
Concerns for Tennessee Ordained Ministers
Ordained ministers hold a unique and often challenging position within the state of Tennessee. As spiritual leaders, they are expected to uphold certain religious tenets while acting in accordance with state laws. However, the intersection of these roles can lead to legal hurdles that require careful navigation. One common challenge faced by ordained ministers is the issue of religious freedom versus anti-discrimination laws. While the First Amendment protects the right to practice religion freely, it does not always shield individuals from legal repercussions for actions taken in the name of that religion. For example, in recent years, some ministers have faced legal action for refusing to perform same-sex marriages, citing their religious beliefs. Although there are Religious Freedom Restoration Acts (RFRA) in place to protect certain religious practices, they do not guarantee a carte blanche to disregard all state laws. As such, ministers may find themselves at a crossroads, forced to choose between their religious convictions and compliance with state law . Another potential challenge is tax exemption status for places of worship. While churches and other religious institutions are generally exempt from state sales tax, the line between what qualifies as a church can often be a subject of dispute. Proper documentation and adherence to state guidelines are crucial in maintaining tax-exempt status for a church or ministry. Ordained ministers may also contend with limitations on their involvement in politics. While churches are allowed to engage in some level of political activity, excessive involvement can jeopardize their tax-exempt status. For instance, they are prohibited from directly endorsing a candidate for public office, even though they are permitted to express opinions on moral issues. To effectively navigate these challenges, ordained ministers should be proactive about learning their legal rights and obligations. Consulting with an attorney who specializes in religious issues is recommended to ensure that they are aware of all applicable laws and can avoid potential pitfalls.