AB 2761,
as amended, begin deleteSteinorthend delete begin insertLowend insert. 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,begin insert city clerks,end insert and county supervisors.begin insert Existing law requires county supervisors, city clerks, and elected mayors to obtain and review from the county clerk all available instructions for marriage solemnization before the county supervisor, city clerk, or mayor first solemnizes a marriage.end insert
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.begin insert The bill would remove the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage.end insert 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
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 are 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
9of his or her faith. Any refusal to solemnize a marriage under this
10subdivision, either by an individual or by a religious denomination,
11shall not affect the tax-exempt status of any entity.
12(b) A judge or retired judge, commissioner of civil marriages
13or retired commissioner
of civil marriages, commissioner or retired
14commissioner, or assistant commissioner of a court of record in
15this state.
16(c) A judge or magistrate who has resigned from office.
17(d) Any of the following judges or magistrates of the United
18States:
19(1) A justice or retired justice of the United States Supreme
20Court.
21(2) A judge or retired judge of a court of appeals, a district court,
22or a court created by an act of Congress the judges of which are
23entitled to hold office during good behavior.
24(3) A judge or retired judge of a bankruptcy court or a tax court.
25(4) A United States magistrate or retired magistrate.
26(e) A Member of the Legislature or constitutional officer of this
27state or a Member of Congress of the United States who represents
28a district within this state, or a former Member of the Legislature
29or constitutional officer of this state or a former Member of
30Congress of the United States who represented a district within
31this state.
32(f) A person that holdsbegin delete onend deletebegin insert orend insert formerly held an elected office of
33a city, county, or city and county.begin delete The official shall obtain and
34review from the county clerk all available
instructions for marriage
35solemnization before the official first solemnizes a marriage.end delete
36(g) A city clerk of a charter city or serving in accordance with
37subdivision (b) of Section 36501 of the Government Code, while
38that person holds office.begin delete The city clerk shall obtain and review
P3 1from the county clerk all available instructions for marriage
2solemnization before the city clerk first solemnizes a marriage.end delete
Section 400.1 of the Family Code is repealed.
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