Comptroller Finds Hardeman County Clerk Charged Unlawful Fees to Officiate Marriage Ceremonies
An investigation by the Tennessee Comptroller’s Office has found that the Hardeman County Clerk charged and collected approximately $13,140 in unlawful fees to officiate at least 219 marriage ceremonies between September 2022 and July 2024.
According to the report from the Comptroller’s office, Tennessee county clerks are granted the right to solemnize marriages; however, it is not lawful for a clerk to charge a fee or demand compensation for officiating marriage ceremonies pursuant to Tenn. Code Ann. § 36-3-301(c)(2). Clerks are permitted under state law to accept, request, or solicit gratuities for officiating marriage ceremonies.
Investigators determined the clerk instructed her staff to advise applicants who wished to be married in the clerk’s office that they would be charged the marriage license fee plus an additional $60 fee for the clerk, herself. Applicants were also told they had to pay the $60 fee in cash.
The clerk told investigators she was aware of state law and had received training about what was acceptable; however, she did not give applicants a choice in paying the officiating fee.
On Wednesday, September 10, 2025, the county clerk reimbursed $13,140 to the Hardeman County Trustee’s General Fund for proper disbursement.
The county clerk was elected in August 2022. Prior to being elected, the county clerk had been employed with the clerk’s office as a deputy clerk for 18 years. Pursuant to Tenn. Code Ann. §36-3-301(a)(1), upon election, the county clerk was granted the right to solemnize marriages. The county clerk began officiating marriage ceremonies after being sworn into office on September 1, 2022.
While it is lawful under Tenn. Code Ann. § 36-3-301(c)(1) for an elected county official to accept, request, or solicit gratuities for officiating marriage ceremonies, it is not lawful for such officials to charge a fee or demand compensation for officiating marriage ceremonies pursuant to Tenn. Code Ann. § 36-3-301(c)(2).
The State of Tennessee requires collection of marriage license taxes and fees for applicants seeking a marriage license within the state. In Hardeman County, the marriage license fee is $95 and applicants who complete a pre-marital counseling course receive a $60 waiver of the marriage license fee. Investigators determined that the county clerk instructed office staff to advise marriage applicants that if they wished to be married in the clerk’s office and forego pre-marital counseling, they would be charged a $155 fee which included a $95 license fee and a $60 officiating fee paid to the county clerk. However, applicants were not advised that the $60 fee paid to the county clerk was an optional gratuity, instead the applicants were only instructed to pay the $60 fee in cash.
Investigators reviewed official marriage records from the clerk’s office and determined that from September 9, 2022, through July 24, 2024, the clerk’s office issued 391 marriage licenses.
Of those 391 marriage licenses, the county clerk officiated at least 219 marriage ceremonies, which is approximately 56 percent of the total marriage licenses issued. Based upon information provided by the county clerk and her office staff regarding the fees charged, investigators determined that the county clerk charged and collected approximately $13,140 in unlawful fees.
A gratuity is a voluntary act on behalf of the consumer and is not a set price or fixed amount.
In contrast, a fee or a charge is a mandatory obligation demanded and owed for services rendered and is usually a predetermined price or amount set by the vendor. By setting and requiring payment of a specific amount for performing the wedding ceremony, the clerk was charging and requiring the payment of a fee rather than accepting a gratuity.
County officials indicated that they have corrected or intend to correct this deficiency.
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