81-2-405. Recognition and validation of a marriage regardless of the race, ethnicity, or national origin of the parties.
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Effective 11/6/2025
81-2-405. Recognition and validation of a marriage regardless of the race, ethnicity, or national origin of the parties.
(1)As used in this section:
(a)"Eligible couple" means two individuals that may legally marry each other in this state.
(b)"Specified characteristic" means the race, ethnicity, or national origin of a party to the marriage.
(2)Regardless of the date of the marriage, a marriage between two individuals may not be deemed invalid or prohibited because of a specified characteristic.
(3)The office of a county clerk may not refuse to issue a marriage license to an eligible couple because of a specified characteristic.
(a)The office of a county clerk may not refuse to solemnize the marriage of an eligible couple because of a specified characteristic.
(b)Subsection (4)(a) does not prevent a county clerk from delegating or deputizing another individual to solemnize a marriage in accordance with Sections 17-70-302 and 81-2-305 .
Amended by Chapter 17 , 2025 Special Session 1