Session of 1997
HOUSE BILL No. 2275
By Representatives Welshimer and Gilbert
9 AN ACT concerning marriage; relating to the age of the parties; amending
10 K.S.A. 1996 Supp. 23-101 and 23-104a and repealing the existing
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1996 Supp. 23-101 is hereby amended to read as
15 follows: 23-101. (a) The marriage contract is to be considered in law as a
16 civil contract between two parties who are of opposite sex. All other mar-
17 riages are declared to be contrary to the public policy of this state and
18 are void. The consent of the parties is essential. The marriage ceremony
19 may be regarded either as a civil ceremony or as a religious sacrament,
20 but the marriage relation shall only be entered into, maintained or ab-
21 rogated as provided by law.
22 (b) In any marriage contract entered into without a marriage license,
23 as issued pursuant to K.S.A. 23-106, and amendments thereto, the two
24 parties shall each be 18 years of age or older.
25 Sec. 2. K.S.A. 1996 Supp. 23-104a is hereby amended to read as
26 follows: 23-104a. (a) Marriage may be validly solemnized and contracted
27 in this state, after a license has been issued for the marriage, in the fol-
28 lowing manner: By the mutual declarations of the two parties to be joined
29 in marriage, made before an authorized officiating person and in the
30 presence of at least two competent witnesses over 18 years of age, other
31 than the officiating person, that they take each other as husband and wife.
32 (b) The following are authorized to be officiating persons:
33 (1) Any currently ordained clergyman or religious authority of any
34 religious denomination or society;
35 (2) any licentiate of a denominational body or an appointee of any
36 bishop serving as the regular clergyman of any church of the denomina-
37 tion to which the licentiate or appointee belongs, if not restrained from
38 so doing by the discipline of that church or denomination;
39 (3) any judge or justice of a court of record;
40 (4) any municipal judge of a city of this state; and
41 (5) any retired judge or justice of a court of record.
42 (c) The two parties themselves, by mutual declarations that they take
43 each other as husband and wife, in accordance with the customs, rules
1 and regulations of any religious society, denomination or sect to which
2 either of the parties belong, may be married without an authorized offi-
3 ciating person. If such parties are being married without a marriage li-
4 cense, as issued pursuant to K.S.A. 23-106, and amendments thereto, such
5 parties shall each be 18 years of age or older.
6 Sec. 3. K.S.A. 1996 Supp. 23-101 and 23-104a are hereby repealed.
7 Sec. 4. This act shall take effect and be in force from and after its
8 publication in the statute book.