BILL NUMBER: SB 1140	CHAPTERED
	BILL TEXT

	CHAPTER  834
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2012
	PASSED THE SENATE  AUGUST 29, 2012
	PASSED THE ASSEMBLY  AUGUST 28, 2012
	AMENDED IN ASSEMBLY  JUNE 13, 2012
	AMENDED IN SENATE  APRIL 23, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Leno
   (Coauthor: Senator Rubio)

                        FEBRUARY 21, 2012

   An act to amend Section 400 of the Family Code, relating to
marriage.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1140, Leno. Marriage.
   Existing law enumerates persons who are authorized to solemnize a
marriage, including any priest, minister, rabbi, or authorized person
of any religious denomination.
   This bill would provide that marriage is a personal relation
arising out of a civil, and not religious, contract. The bill would
also specify that a priest, minister, rabbi, or authorized person of
any religious denomination shall not be required to solemnize a
marriage that is contrary to the tenets of his or her faith. The bill
would state that any refusal to solemnize a marriage by an
individual or by a religious denomination under this provision shall
not affect the tax exempt status of any entity.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 400 of the Family Code is amended to read:
   400.  Although marriage is a personal relation arising out of a
civil, and not a religious, contract, a marriage may be solemnized by
any of the following who is 18 years of age or older:
   (a) A priest, minister, rabbi, or authorized person of any
religious denomination. A person authorized by this subdivision shall
not be required to solemnize a marriage that is contrary to the
tenets of his or her faith. Any refusal to solemnize a marriage under
this subdivision, either by an individual or by a religious
denomination, shall not affect the tax-exempt status of any entity.
   (b) A judge or retired judge, commissioner of civil marriages or
retired commissioner of civil marriages, commissioner or retired
commissioner, or assistant commissioner of a court of record in this
state.
   (c) A judge or magistrate who has resigned from office.
   (d) Any of the following judges or magistrates of the United
States:
   (1) A justice or retired justice of the United States Supreme
Court.
   (2) A judge or retired judge of a court of appeals, a district
court, or a court created by an act of Congress the judges of which
are entitled to hold office during good behavior.
   (3) A judge or retired judge of a bankruptcy court or a tax court.

   (4) A United States magistrate or retired magistrate.
   (e) A legislator or constitutional officer of this state or a
Member of Congress who represents a district within this state, while
that person holds office.