California Legislature—2015–16 Regular Session

Assembly BillNo. 2761


Introduced by Assembly Members Steinorth and Low

February 19, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

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:

P1    1

SECTION 1.  

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

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400.  

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 whobegin delete isend deletebegin insert areend insert 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
13this state.

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

15(d) Any of the following judges or magistrates of the United
16States:

17(1) A justice or retired justice of the United States Supreme
18Court.

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.

24(e) Abegin delete legislatorend deletebegin insert Member of the Legislatureend insert or constitutional
25officer of this state or a Member of Congressbegin insert of the United Statesend insert
26 who represents a district within this state,begin delete while that person holds
27office.end delete
begin insert or a former Member of the Legislature or constitutional
28officer of this state or a former Member of Congress of the United
29States who represented a district within this state.end insert

begin insert

30(f) A person that holds on formerly held an elected office of a
31city, county, or city and county. The official shall obtain and review
32from the county clerk all available instructions for marriage
33solemnization before the official first solemnizes a marriage.

end insert
begin insert

34(g) A city clerk of a charter city or serving in accordance with
35subdivision (b) of Section 36501 of the Government Code, while
36that person holds office. The city clerk shall obtain and review
37from the county clerk all available instructions for marriage
38solemnization before the city clerk first solemnizes a marriage.

end insert
39

SEC. 2.  

Section 400.1 of the Family Code is repealed.

begin delete
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400.1.  

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.

end delete


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