AB 445, as amended, Alejo. 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 add a tribal court judge who has been authorized by tribal ordinance to solemnize marriages.
Vote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 400 of the Family Code is amended to
2read:
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.
21(f) A tribal court judgebegin delete whoend deletebegin insert thatend insert has been authorized by tribal
22ordinance to solemnize marriages.
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