BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1525|
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THIRD READING
Bill No: AB 1525
Author: Lowenthal (D)
Amended: 8/13/14 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-1, 6/10/14
AYES: Jackson, Corbett, Lara, Leno, Monning, Vidak
NOES: Anderson
ASSEMBLY FLOOR : 64-0, 3/28/14 - See last page for vote
SUBJECT : Marriage: solemnization
SOURCE : City of Long Beach
DIGEST : This bill allows a city clerk to solemnize a
marriage.
Senate Floor Amendments of 8/13/14 clarify the bill's language
by adding a reference to city clerks that was previously
omitted.
ANALYSIS : Existing law provides that an elected mayor or
county supervisor may solemnize marriage ceremonies while he/she
holds office. Existing law requires such a mayor or county
supervisor to obtain and review from the county clerk all
available instructions for marriage solemnization before he/she
first solemnizes a marriage.
Existing law provides that the county clerk is designated as a
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commissioner of civil marriages for each county. The
commissioner of civil marriages may appoint deputy commissioners
of civil marriages who may solemnize marriages under the
direction of the commissioner of civil marriages and shall
perform other duties directed by the commissioner.
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,
and by specified justices, judges, and magistrates, both current
and retired.
This bill additionally authorizes a city clerk to solemnize a
marriage.
Background
A marriage is not valid unless it is solemnized by an authorized
individual. Under existing law, marriages may be solemnized by
authorized persons of any religious denomination, judges,
commissioners, and magistrates. In 1998, this list was expanded
to include California legislators, constitutional officers, and
members of Congress from California, during the time period that
those individuals are holding office. (AB 1094, Assembly
Judiciary Committee, Chapter 932, Statutes of 1998). In 2010,
elected mayors were also authorized to solemnize marriage
ceremonies, as long as they first receive training from the
county clerk. (AB 2600, Ma and Lieu, Chapter 268, Statutes of
2010). In 2012, county supervisors were authorized to perform
marriages under the same conditions as mayors. (SB 991, Runner,
Chapter 63, Statutes of 2012.)
The county clerk, who is statutorily designated as a
commissioner of civil marriages in the county, may appoint
deputy commissioners of civil marriage, who may solemnize
marriages under the direction of the county clerk. Deputy
commissioners of civil marriage are authorized to perform one
marriage ceremony for one specified couple. The deputizing
process varies slightly from county to county, but generally an
individual must receive instruction from the county clerk, pay a
small fee, and be sworn in as a deputy commissioner of marriage
before performing a ceremony. Under existing law, county
supervisors are eligible to be deputized by county clerks as
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marriage commissioners.
Prior Legislation
AB 967 (Ma and Lieu, 2010) would have authorized an elected
mayor of a chartered city, while that person holds that office,
to solemnize a marriage ceremony. The bill was vetoed by
Governor Schwarzenegger.
AB 2600 (Ma and Lieu, Chapter 268, Statutes of 2010) authorized
an elected mayor of a city, while in that office, to solemnize a
marriage ceremony, after the mayor obtains and reviews from the
county clerk all available instructions for marriage
solemnization before the mayor first solemnizes a marriage.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 8/13/14)
City of Long Beach (source)
OPPOSITION : (Verified 8/13/14)
California Association of Clerks and Election Officials
ARGUMENTS IN SUPPORT : According to the author, "When the U.S.
Supreme Court overturned Proposition 8's ban on same-sex
marriages, the Los Angeles County Registrar-Recorder granted
temporary authority allowing city clerks to perform marriages at
their local city hall, but only for a limited time. The
temporary authority expired in August of 2013. AB 1525 would
once again authorize city clerks to solemnize marriages, if they
choose to do so."
ARGUMENTS IN OPPOSITION : The California Association of Clerks
and Election Officials argue that "the existing list of eligible
dignitaries and elected officials may occasionally perform
marriages for constituents from time to time, but adding 'city
clerks' to the list would confuse the public by granting the
authority to an administrative public office which currently
does not provide any services related to marriages. Couples
would continue to be required to apply for their marriage
license at the county office, file their license with the county
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recorder within 10 days of the ceremony and obtain their
certified copies of marriage documents from the county clerk."
ASSEMBLY FLOOR : 64-0, 3/28/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hall, Roger Hernández, Holden, Jones, Levine, Linder,
Lowenthal, Maienschein, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Pan, Perea, V. Manuel Pérez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Skinner, Stone,
Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, John A.
Pérez
NO VOTE RECORDED: Bigelow, Daly, Garcia, Gonzalez, Hagman,
Harkey, Jones-Sawyer, Logue, Mansoor, Medina, Morrell, Olsen,
Patterson, Salas, Ting, Yamada
AL:k 8/13/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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