2021 - 2022 LEGISLATURE
January 29, 2021 - Introduced by Representatives Tusler, Skowronski, Rozar,
Duchow and Subeck, cosponsored by Senators Kooyenga, Carpenter, L.
Taylor, Marklein, Felzkowski, Nass and Roth. Referred to Committee on
Family Law.
AB19,1,3
1An Act to amend 765.16 (1m) (d) and 765.16 (2m); and
to create 765.16 (1m)
2(g) of the statutes;
relating to: justices or judges authorized to officiate a
3marriage.
Analysis by the Legislative Reference Bureau
Under current law, a marriage is validly solemnized and contracted in this state
after a marriage license has been issued and the two parties mutually declare, before
an authorized officiating person and two witnesses, that they take each other as each
other's spouse. The following persons are authorized officiating persons:
1. An ordained member of the clergy.
2. A licentiate of a denominational body or an appointee of a bishop serving as
the regular member of the clergy of any church of the denomination to which the
member of the clergy belongs.
3. The two marrying parties themselves, by mutual declaration that they take
each other as each other's spouse.
4. A judge of a court of record, reserve judge, or municipal judge.
5. A circuit court commissioner.
This bill adds a mej koob, in accordance with traditional Hmong wedding
ceremony customs, to the list of who may officiate at a marriage. A mej koob is an
individual in Hmong culture who negotiates a marriage between the families of the
future bride and groom. A mej koob also conducts the wedding celebration and
ensures that the traditional Hmong cultural customs and rituals are followed during
the celebration.
This bill also specifies that any justice or judge may officiate a wedding,
regardless of whether the justice or judge is of a “court of record.”
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB19,1
1Section
1. 765.16 (1m) (d) of the statutes is amended to read:
AB19,2,32
765.16
(1m) (d) Any
justice or judge
of a court of record or a reserve judge
3appointed under s. 753.075.
AB19,2
4Section 2
. 765.16 (1m) (g) of the statutes is created to read:
AB19,2,65
765.16
(1m) (g) A mej koob, in accordance with traditional wedding ceremony
6customs of the Hmong people.
AB19,3
7Section 3
. 765.16 (2m) of the statutes is amended to read:
AB19,2,98
765.16
(2m) An officiating person under sub. (1m) (a), (b), (d), (e),
or (f)
, or (g) 9must be at least 18 years old.
