S2 - Magistrates Recusal for Civil Ceremonies (SL 2015-75)

Overview: S.L. 2015-75 established procedures by which a magistrate may recuse himself or herself from performing all lawful marriages and an assistant or deputy register of deeds may recuse himself or herself from issuing all lawful marriage licenses, based upon a sincerely held religious objection. The recusal is for a minimum of six months and continues until the recusal is rescinded in writing. Officials so recusing themselves would not be subject to prosecution for failing to perform the duties imposed upon them by law.

Each register of deeds must ensure that all qualified applicants for marriage licenses are issued a license, and each chief district court judge must ensure that marriages performed by a magistrate are available to be performed during at least 10 hours per week over at least 3 business days.

S.L. 2015-75 also provides protection against loss of employment and retirement benefits for magistrates who resigned or were terminated from between October 6, 2014, and June 11, 2015, and who are subsequently reappointed to the position of magistrate within 90 days after June 11, 2015.

This act became effective June 11, 2015