AB 2761, as introduced, Steinorth. Marriage.
Existing law enumerates persons who are authorized to solemnize a marriage, including current Members of the Legislature, constitutional officers of this state, Members of Congress of the United States who represent a district within this state, elected mayors, and county supervisors.
This bill would additionally authorize former Members of the Legislature and constitutional officers of this state, former Members of Congress of the United States who represented a district within this state, and current and former elected officials of a city, county, or city and county, to solemnize a marriage. The bill would make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no. 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
Although marriage is a personal relation arising out of a
2civil, and not a religious, contract, a marriage may be solemnized
3by any of the following who
begin delete isend delete 18 years of age or older:
4(a) A priest, minister, rabbi, or authorized person of any religious
5denomination. A person authorized by this subdivision shall not
6be required to solemnize a marriage that is contrary to the tenets
7of his or her faith. Any refusal to solemnize a marriage under this
8subdivision, either by an individual or by a religious denomination,
9shall not affect the tax-exempt status of any entity.
10(b) A judge or retired judge, commissioner of civil marriages
11or retired commissioner of civil marriages, commissioner or retired
12commissioner, or assistant commissioner of a court of record in
14(c) A judge or magistrate who has resigned from office.
15(d) Any of the following judges or magistrates of the United
17(1) A justice or retired justice of the United States Supreme
19(2) A judge or retired judge of a court of appeals, a district court,
20or a court created by an act of Congress the judges of which are
21entitled to hold office during good behavior.
22(3) A judge or retired judge of a bankruptcy court or a tax court.
23(4) A United States magistrate or retired magistrate.
begin delete legislatorend delete or constitutional
25officer of this state or a Member of Congress
26 who represents a district within this state,
begin delete while that person holds
Section 400.1 of the Family Code is repealed.
In addition to the persons specified in Section 400,
2marriage may also be solemnized by a county supervisor, the city
3clerk of a charter city or serving in accordance with subdivision
4(b) of Section 36501 of the Government Code, or a mayor of a
5city elected in accordance with Article 3 (commencing with Section
634900) of Chapter 4 of Part 1 of Division 2 of Title 4 of the
7Government Code, while that person holds office. The county
8supervisor, the city clerk, or mayor shall obtain and review from
9the county clerk all available instructions for marriage
10solemnization before the county supervisor, the city clerk, or mayor
11first solemnizes a marriage.