California Legislature—2013–14 Regular Session

Assembly BillNo. 1525


Introduced by Assembly Member Lowenthal

January 17, 2014


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

LEGISLATIVE COUNSEL’S DIGEST

AB 1525, as introduced, Lowenthal. Marriage: solemnization.

Existing law provides that a marriage may be solemnized by authorized persons of any religious denomination, by specified legislators, constitutional officers, and California Members of Congress, while those persons are currently holding that office, by specified justices, judges, and magistrates, both current and retired, by the county clerk, and by a county supervisor or an elected city mayor, as specified.

This bill would additionally authorize a city clerk to solemnize a marriage.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 400 of the Family Code is amended to
2read:

3

400.  

Although marriage is a personal relation arising out of a
4civil, and not a religious, contract, a marriage may be solemnized
5by any of the following who is 18 years of age or older:

6(a) A priest, minister, rabbi, or authorized person of any religious
7denomination. A person authorized by this subdivision shall not
8be required to solemnize a marriage that is contrary to the tenets
P2    1of his or her faith. Any refusal to solemnize a marriage under this
2subdivision, either by an individual or by a religious denomination,
3shall not affect the tax-exempt status of any entity.

4(b) A judge or retired judge, commissioner of civil marriages
5or retired commissioner of civil marriages, commissioner or retired
6commissioner, or assistant commissioner of a court of record in
7this state.

8(c) A judge or magistrate who has resigned from office.

9(d) Any of the following judges or magistrates of the United
10States:

11(1) A justice or retired justice of the United States Supreme
12Court.

13(2) A judge or retired judge of a court of appeals, a district court,
14or a court created by an act of Congress the judges of which are
15entitled to hold office during good behavior.

16(3) A judge or retired judge of a bankruptcy court or a tax court.

17(4) A United States magistrate or retired magistrate.

18(e) A legislator or constitutional officer of this state or a Member
19of Congress who represents a district within this state, while that
20person holds office.

begin insert

21(f) A city clerk.

end insert


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