BILL NUMBER: AB 1525	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2014

INTRODUCED BY   Assembly Member Lowenthal

                        JANUARY 17, 2014

   An act to amend Section  400   400.1  of
the Family Code, relating to marriage.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1525, as amended, 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:

   SECTION 1.    Section 400.1 of the   Family
Code   is amended to read: 
   400.1.  In addition to the persons specified in Section 400,
marriage may also be solemnized by a county supervisor  , the
city clerk of a chart   er city or serving in accordance
with subdivision (b) of Section 36501   of the Government
Code,  or a mayor of a city elected in accordance with Article 3
(commencing with Section 34900) of Chapter 4 of Part 1 of Division 2
of Title 4 of the Government Code, while that person holds office.
The county supervisor  , the city clerk,  or mayor shall
obtain and review from the county clerk all available instructions
for marriage solemnization before the county supervisor or mayor
first solemnizes a marriage. 
  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.
   (f) A city clerk.