By NNA Staff on December 12, 2012
Updated 12-12-22. One of the toughest situations to handle is requests to notarize documents that go against your personal beliefs. While some Notaries want to refuse requests they find objectionable, remember that you are acting as a public official when performing a notarization.
Many states specifically define a Notary’s role as acting as an impartial, third-party witness, and some, such as California, prohibit Notaries from refusing lawful requests. The Florida Department of State offers guidelines for when Florida Notaries can refuse services. Texas permits refusing if the Notary has reason to believe the signer is coerced or unaware, that the document will be used for illegal purposes, or if the Notary is unfamiliar with the requested act. None of these three states permits refusing a notarization simply because the documents conflicts with the Notary's personal beliefs or preferences.
Pennsylvania permits Notaries to refuse a notarization if the Notary is not satisfied that the principal signer is competent or has the capacity to execute the record; if the Notary is not satisfied the individual’s signature is knowingly and voluntarily made; if the signature on the document does not substantially conform to the signature on the signer's ID or if the signer's appearance does not substantially conform to the photo on the signer's ID. Pennsylvania also allows its Notaries to refuse a notarization unless the reason for refusal is prohibited by state law. The Pennsylvania Department of State website instructs Notaries not to refuse services based on a customer’s race, color, national origin, religion, sexual orientation, gender identity (including pregnancy), disability or marital status.
It’s important to avoid any practices that suggest bias or compromise your impartiality. While some might see refusing to notarize based on your personal principles as an appropriate gesture, it directly violates the principle of serving all members of the public equally.
Remember, your seal doesn’t equal personal endorsement or suggest that you agree with the content of a document. Your role is simply verifying the identity of a person signing a document.
As long as the document is lawful and there are no other factors — such as lack of satisfactory evidence of identification for the signer — you should perform the notarization. Like judges, impartiality is an integral part of the role of Notaries.