Probably the most common question to arise out of ULC ordinations is "Is it Legal". Of course the answer is, "that depends on what you mean.."
For Example, the power to officiate marriage is granted in State Statute 765, and authorizes "members of the clergy", among others, to solemnize marriages. In 1971 there was an AG opinion which cast doubt on whether a ULC minster met that criteria, but there have been, to my knowledge, no cases to determine the validity of that opinion. I am sure there have been literally thousands of marriages performed in the state by ULC ministers since that time. I personally doubt that that opinion would hold up in court.
Further, in SS 765 (3) the statute compels that the Chapters 765 to 768 "shall be liberally construed to effect the objectives of sub. (2)". And 765.22 addresses "Immaterial Irregularities" as to authority of person officiating, stating that no marriage shall be void for simple want of authority or jurisdiction on the part of the officiant, so long as the couple believes the marriage to be valid at the time. As I read that, all other things being legally kosher, a marriage solemnized by anyone is binding, should the couple believe it so.
While that protects the interests of the couple, the interests of the minister are far less secure. SS 765.30 (3) provides a stiff penalty for "false solemnization of marriage" - not more than $10,000 or imprisoned for not more than 9 months or both - which seems pretty draconian considering that it has no impact on the validity of the marriage in the eyes of the law. Again, I know of no case law on this, though I am not a lawyer, and am not sure how one would do a comprehensive search.
There is, however, federal case law on the validity of the ULC ordinations, and they have come down in favor of ULC. Personally, I support efforts to change the state statute to remove this purely theatrical "restriction".
Out of State Ministers
There is one more legal issue I would like to address. Out of state ministers, by order of SS 765, are required to obtain a letter of sponsorship from a minister in the state in order to officiate for a Wisconsin wedding. ULC of Wisconsin will provide those letters. It has been our experience that most county offices never ask to see them, but, the law is the law, so you need to have one. There are a least two ministers in the state who provide this service. I am one. If you need a letter written, go here.
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