N.Y. Domestic Relations Law § 11: By whom a marriage must be solemnized

§ 11. By whom a marriage must be solemnized. No marriage shall be

valid unless solemnized by either:

1. A clergyman or minister of any religion, or by the senior leader,

or any of the other leaders, of The Society for Ethical Culture in the

city of New York, having its principal office in the borough of

Manhattan, or by the leader of The Brooklyn Society for Ethical Culture,

having its principal office in the borough of Brooklyn of the city of

New York, or of the Westchester Ethical Society, having its principal

office in Westchester county, or of the Ethical Culture Society of Long

Island, having its principal office in Nassau county, or of the

Riverdale-Yonkers Ethical Society having its principal office in Bronx

county, or by the leader of any other Ethical Culture Society affiliated

with the American Ethical Union; provided that no clergyman or minister

as defined in section two of the religious corporations law, or Society

for Ethical Culture leader shall be required to solemnize any marriage

when acting in his or her capacity under this subdivision.

1-a. A refusal by a clergyman or minister as defined in section two of

the religious corporations law, or Society for Ethical Culture leader to

solemnize any marriage under this subdivision shall not create a civil

claim or cause of action or result in any state or local government

action to penalize, withhold benefits or discriminate against such

clergyman or minister.

2. The current or a former governor, a mayor of a village, a county

executive of a county, or a mayor, recorder, city magistrate, police

justice or police magistrate of a city, a former mayor or the city clerk

of a city of the first class of over one million inhabitants or any of

his or her deputies or not more than four regular clerks, designated by

him or her for such purpose as provided in section eleven-a of this

article, except that in cities which contain more than one hundred

thousand and less than one million inhabitants, a marriage shall be

solemnized by the mayor, or police justice, and by no other officer of

such city, except as provided in subdivisions one and three of this

section.

2-a. A member of the New York state legislature, provided that such

person shall not charge or receive a fee.

3. A judge of the federal circuit court of appeals for the second

circuit, a judge of a federal district court for the northern, southern,

eastern or western district of New York, a judge of the United States

court of international trade, a federal administrative law judge

presiding in this state, a justice or judge of a court of the unified

court system, a housing judge of the civil court of the city of New

York, a retired justice or judge of the unified court system or a

retired housing judge of the civil court of the city of New York

certified pursuant to paragraph (k) of subdivision two of section two

hundred twelve of the judiciary law, the clerk of the appellate division

of the supreme court in each judicial department, a retired city clerk

who served for more than ten years in such capacity in a city having a

population of one million or more or a county clerk of a county wholly

within cities having a population of one million or more; or,

3-a. A judge or peacemaker judge of any Indian tribal court, a chief,

a headman, or any member of any tribal council or other governing body

of any nation, tribe or band of Indians in this state duly designated by

such body for the purpose of officiating at marriages, or any other

persons duly designated by such body, in keeping with the culture and

traditions of any such nation, tribe or band of Indians in this state,

to officiate at marriages.

3-b. A one-day marriage officiant, as designated by a town or city

clerk pursuant to section eleven-d of this article; or,

4. A written contract of marriage signed by both parties and at least

two witnesses, all of whom shall subscribe the same within this state,

stating the place of residence of each of the parties and witnesses and

the date and place of marriage, and acknowledged before a judge of a

court of record of this state by the parties and witnesses in the manner

required for the acknowledgment of a conveyance of real estate to

entitle the same to be recorded.

5. Notwithstanding any other provision of this article, where either

or both of the parties is under the age of eighteen years a marriage

shall be solemnized only by those authorized in subdivision one of this

section or by (1) the mayor of a city or village, or county executive of

a county, or by (2) a judge of the federal circuit court of appeals for

the second circuit, a judge of a federal district court for the

northern, southern, eastern or western district of New York, a judge of

the United States court of international trade, or a justice or a judge

of a court of the unified court system, or by (3) a housing judge of the

civil court of the city of New York, or by (4) a former mayor or the

clerk of a city of the first class of over one million inhabitants or

any of his or her deputies designated by him or her for such purposes as

provided in section eleven-a of this chapter.

6. Notwithstanding any other provisions of this article to the

contrary no marriage shall be solemnized by a public officer specified

in this section, other than a judge of a federal district court for the

northern, southern, eastern or western district of New York, a judge of

the United States court of international trade, a federal administrative

law judge presiding in this state, a judge or justice of the unified

court system of this state, a housing judge of the civil court of the

city of New York, or a retired judge or justice of the unified court

system or a retired housing judge of the civil court certified pursuant

to paragraph (k) of subdivision two of section two hundred twelve of the

judiciary law, nor by any of the persons specified in subdivision

three-a of this section, outside the territorial jurisdiction in which

he or she was elected, appointed or duly designated. Such a public

officer, however, elected or appointed within the city of New York may

solemnize a marriage anywhere within such city.

7. The term "clergyman" or "minister" when used in this article, shall

include those defined in section two of the religious corporations law.

The word "magistrate," when so used, includes any person referred to in

the second or third subdivision.