AB 2761, as amended, Low. 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, city clerks, and county supervisors. 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.
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 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.begin insert The bill would prohibit any of the individuals listed above from accepting compensation for solemnizing a marriage and would prohibit those individuals from solemnizing a marriage if they have been removed from office due to committing an offense or have been convicted of a crime that involves moral turpitude, dishonesty, or fraud.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:
begin insert(a)end insertbegin insert end insert Although marriage is a personal relation arising out
4of a civil, and not a religious, contract, a marriage may be
5solemnized by any of the followingbegin insert personsend insert who are 18 years of
6age or older:
7(a)
end delete
8begin insert(1)end insert A priest, minister, rabbi, or authorized person of any
9religious denomination. A person authorized by this subdivision
10shall not be required to solemnize a marriage that is contrary to
11the tenets of his or her faith. Any refusal to solemnize a marriage
12under this subdivision, either by an individual or by a religious
13denomination, shall not affect the tax-exempt status of any entity.
14(b)
end delete
15begin insert(2)end insert A judge or retired judge, commissioner of civil marriages
16or retired commissioner of civil marriages, commissioner or retired
17commissioner, or assistant commissioner of a court of record in
18this
state.
19(c)
end delete20begin insert(3)end insert A judge or magistrate who has resigned from office.
21(d)
end delete
22begin insert(4)end insert Any of the following judges or magistrates of the United
23States:
24(1)
end delete
25begin insert(A)end insert A justice or retired justice of the United States Supreme
26Court.
27(2)
end delete
28begin insert(B)end insert A judge or retired judge of a court of appeals, a district
29court, or a court created by an act of Congress the judges of which
30are entitled to hold office during good behavior.
31(3)
end deleteP3 1begin insert(C)end insert A judge or retired judge of a bankruptcy court or a tax court.
2(4)
end delete3begin insert(D)end insert A United States magistrate or retired magistrate.
begin insert
4
(b) Except as provided in subdivision (c), a marriage may also
5be solemnized by any of the following persons who are 18 years
6of age or older:
7(e)
end delete
8begin insert(1)end insert A Member of the Legislature or constitutional officer of this
9state or a Member of Congress of the United States who represents
10a district within this state, or a former Member of the Legislature
11or constitutional officer of this state or a former Member of
12Congress of the United States who represented a district within
13this state.
14(f)
end delete
15begin insert(2)end insert A person that holds or formerly held an elected office of a
16city, county, or city and county.
17(g)
end delete
18begin insert(3)end insert A city clerk of a charter city or serving in accordance with
19subdivision (b) of Section 36501 of the Government Code, while
20that person holds office.
21
(c) (1) A person listed in subdivision (b) shall not accept
22compensation for solemnizing a marriage while holding office.
23
(2) A person listed in subdivision (b) shall not solemnize a
24marriage pursuant to this section if they have been removed from
25office due to committing an offense or have been convicted of an
26offense that involves moral
turpitude, dishonesty, or fraud.
Section 400.1 of the Family Code is repealed.
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