No, a notary public in Tennessee cannot perform a marriage ceremony
A notary public in Tennessee has no legal authority to solemnize a marriage. Tennessee law limits who can perform marriages to specific officials: judges, magistrates, ministers, priests, rabbis, and other clergy members authorized by their religious organization. A notary's role is to witness signatures, verify identities, and certify documents—not to conduct weddings.
If you are planning a wedding in Tennessee and need someone to perform the ceremony, you will need to contact one of the authorized officials listed above. A notary cannot step into that role even if they are also ordained or have other credentials, unless they hold one of the specific titles the state recognizes.
Key Takeaways
- Tennessee law restricts marriage ceremonies to judges, magistrates, clergy members, and other state-authorized officials—notaries are not included.
- A notary's legal powers cover document certification and signature witnessing, but do not extend to solemnizing marriages.
- If a notary performs a marriage ceremony without authorization, the marriage may not be legally valid in Tennessee.
- You can contact your county clerk's office or a local judge to find authorized officials who can perform your ceremony.
Who Can Legally Perform Marriages in Tennessee
Tennessee Code Annotated Section 36-3-301 lists the people authorized to solemnize marriages. Judges of any court in Tennessee can perform marriages. Magistrates—local judicial officers who handle small claims and misdemeanors—also have this authority. Any minister, priest, rabbi, or other clergy member who is ordained or authorized by a recognized religious organization can solemnize a marriage, as long as they are at least 18 years old.
Some couples also use marriage commissioners in certain counties, though availability varies. Your county clerk can tell you which officials are available in your area and how to contact them. Many judges and magistrates perform marriages as part of their regular duties and can schedule ceremonies relatively quickly.
What a Notary Can and Cannot Do
A notary public's authority is narrowly defined by Tennessee law. A notary can witness the signing of documents, verify that a person's signature is genuine, certify copies of documents, and administer oaths. These powers exist to prevent fraud and create an official record that a document was signed in front of a neutral third party.
Solemnizing a marriage—declaring two people legally married—is a completely different function. It requires specific legal authority that the state grants only to judges, magistrates, and clergy. Even if a notary is also an ordained minister, they must be acting in their capacity as a minister, not as a notary, for the marriage to be valid.
What Happens If a Notary Performs a Marriage Without Authorization
If a notary performs a marriage ceremony in Tennessee without the legal authority to do so, the marriage may not be recognized as valid by the state. This creates serious problems: the couple may not be legally married, which affects taxes, inheritance, medical decision-making, and divorce proceedings.
Additionally, a notary who performs marriages without authorization could face penalties, including loss of their notary commission. The couple would then need to have a valid ceremony performed by an authorized official to establish a legal marriage. This is why it is important to verify that the person performing your ceremony has the proper credentials before the wedding takes place.
How to Find an Authorized Official in Tennessee
Start by contacting your county clerk's office. They maintain a list of judges and magistrates in your county who perform marriages and can provide contact information and fees. Many county clerk websites also list this information online.
If you prefer a religious ceremony, contact your place of worship directly. The clergy member there can tell you whether they are authorized to perform marriages and what their process is. If you do not have a religious affiliation or prefer a secular ceremony, a judge or magistrate is your best option. Some offer straightforward, brief ceremonies; others allow you to write your own vows or customize the service within legal limits.
Marriage License Requirements in Tennessee
Regardless of who performs your ceremony, you will need a valid Tennessee marriage license. You and your partner must explore together at your county clerk's office. Tennessee has no waiting period—you can receive your license the same day you explore, though some counties may require a brief processing time.
You will need to bring a valid photo ID and your Social Security number. The license is valid for 30 days, so plan your ceremony within that window. The official who performs your ceremony will sign the license, and you or your county clerk must file it with the county to make the marriage official. Without a filed license, the marriage is not legally recognized, even if an authorized official performed the ceremony.
Frequently Asked Questions
Can a notary sign a marriage license as a witness?
A notary can witness a signature on a marriage license in the same way they witness any other document. However, this is different from performing the ceremony. The official who solemnizes the marriage—the judge, magistrate, or clergy member—is the one who signs the license to make it official, not the notary.
What if I want a friend to perform my wedding?
Your friend cannot perform the ceremony unless they hold one of the authorized positions: judge, magistrate, or ordained clergy member. Some couples have a friend give a speech or participate in the ceremony, but the legal solemnization must be done by an authorized official. You could have a judge or magistrate perform a brief legal ceremony, then have your friend lead a separate celebration.
Do I need to get married in the county where I live?
No. You can obtain a marriage license from any Tennessee county clerk and have the ceremony performed by any authorized official in the state. You do not have to marry in your home county.
Can an online-ordained minister perform a marriage in Tennessee?
Tennessee law requires that clergy members be ordained or authorized by a recognized religious organization. Online ordinations are treated case-by-case. If the organization issuing the ordination is recognized as a legitimate religious body, the marriage may be valid. However, this is a gray area, and it is safer to use a judge or magistrate if you are unsure about the minister's credentials.
What if the official who performed my ceremony was not authorized?
If you discover after the ceremony that the person who married you was not legally authorized, your marriage may not be valid. Contact your county clerk when ready to discuss your options. In some cases, you may be able to have a valid official perform a brief ceremony to correct the problem, though this varies by situation.