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1880 LAWS OF MARYLAND Ch. 296
Also in subsection (a)(2) of this section, the phrase
"solicit the performance of any marriage ceremony" is
substituted for the former phrase "solicitation or
performance of marriages", for clarity.
In subsection (b)(1) of this section, the former
minimum penalty is deleted to conform to the statement
of legislative policy contained in Article 27, § 643,
which sets forth the general rule that,
notwithstanding a prescribed minimum penalty, the
court nevertheless may impose a lesser penalty of the
same character.
In subsection (b)(2) of this section, the phrase "is
guilty of a misdemeanor" is new language added for
clarity.
The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that the
provisions of this section are an attempt to prohibit
a single general activity -- the advertising of the
services of individuals who are authorized to perform
marriages. While the activities set out in subsection
(a)(1) of this section are forms of "in-person
solicitation", and, therefore, probably are not
constitutionally protected, Ohralik v. Ohio State Bar
Association, 436 U.S. 447 (1978), the form of
advertising set out in subsection (a)(2) of this
section may be constitutionally protected, and thus
the prohibition on that form of advertising may be
unconstitutional. Donnelly Advertising Corp. v.
Baltimore, 279 Md. 660 (1977); see also Linmark
Associates v. Willingboro, 431 U.S. 85 (1977).
Defined term: "Authorized official" § 2-101
2-410 2-409. SIGNING AND DISPOSITION OF MARRIAGE CERTIFICATES.
(A) SIGNING OF CERTIFICATE.
EACH MARRIAGE CERTIFICATE SHALL CONTAIN:
(1) THE NAME, SIGNATURE, AND TITLE OF THE AUTHORIZED
OFFICIAL WHO PERFORMS THE MARRIAGE CEREMONY; OR
(2) IF THE INDIVIDUALS ARE MARRIED IN A SOCIETY OF
FRIENDS MARRIAGE CEREMONY, THE SIGNATURES OF THE INDIVIDUALS AND
THE ATTESTATION OF THE CERTIFICATE BY 2 OVERSEERS OF THE MARRIAGE
CEREMONY.
(B) DISPOSITION OF CERTIFICATES.
(1) THE AUTHORIZED OFFICIAL WHO PERFORMS THE MARRIAGE
CEREMONY SHALL:
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