Amended in Assembly June 1, 2016

Amended in Senate March 8, 2016

Senate Bill No. 875

Introduced by Senator Gaines

January 14, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

SB 875, as amended, Gaines. Solemnization of marriage: county sheriff.

Existing law authorizes specified individuals to solemnize a marriage, including, among others, an authorized person of any religious denomination, a judge or magistrate, a begin delete legislator end delete begin insert current Member of the Legislature end insert or constitutional officer of this state, and a begin insert current end insert Member of Congress begin insert of the United States end insert who represents a district within this state, as specified.

Existing law additionally authorizes a county supervisor, a city clerk, and a mayor, as specified, to solemnize a marriage, while that person holds office. Existing law requires the county supervisor, city clerk, or mayor to obtain and review from the county clerk all available instructions for marriage solemnization before that person first solemnizes a marriage.

This bill would additionally authorize a county begin delete sheriff end delete begin insert sheriff, while that person holds office, end insert to solemnize a begin delete marriage and would impose the above requirements for a county supervisor, city clerk, or mayor on the county sheriff. end delete begin insert marriage. The bill would delete the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage. The bill would make conforming changes. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 400 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

400.  

Although marriage is a personal relation arising out of a
civil, and not a religious, contract, a marriage may be solemnized
by any of the following who begin delete is end delete begin insert are end insert 18 years of age or older:

(a) A priest, minister, rabbi, or authorized person of any religious
denomination. A person authorized by this subdivision shall not
be required to solemnize a marriage that is contrary to the tenets
of his or her faith. Any refusal to solemnize a marriage under this
subdivision, either by an individual or by a religious denomination,
shall not affect the tax-exempt status of any entity.

(b) A judge or retired judge, commissioner of civil marriages
or retired commissioner of civil marriages, commissioner or retired
commissioner, or assistant commissioner of a court of record in
this state.

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

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

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

(2) A judge or retired judge of a court of appeals, a district court,
or a court created by an act of Congress the judges of which are
entitled to hold office during good behavior.

(3) A judge or retired judge of a bankruptcy court or a tax court.

(4) A United States magistrate or retired magistrate.

(e) A begin delete legislator end delete begin insert Member of the Legislature end insert or constitutional
officer of this state or a Member of Congress begin insert of the United States end insert
who represents a district within this state, while that person holds
office.

begin insert

(f) A county supervisor, a county sheriff, the city clerk of a
charter city or serving in accordance with subdivision (b) of
Section 36501 of the Government Code, or a mayor of a city elected
in accordance with Article 3 (commencing with Section 34900) of
Chapter 4 of Part 1 of Division 2 of Title 4 of the Government
Code, while that person holds office.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 400.1 of the end insert begin insert Family Code end insert begin insert is repealed. end insert

begin delete

400.1.  

In addition to the persons specified in Section 400,
marriage may also be solemnized by a county supervisor, the city
clerk of a charter city or serving in accordance with subdivision
(b) of Section 36501 of the Government Code, or a mayor of a
city elected in accordance with Article 3 (commencing with Section
34900) of Chapter 4 of Part 1 of Division 2 of Title 4 of the
Government Code, while that person holds office. The county
supervisor, the city clerk, or mayor shall obtain and review from
the county clerk all available instructions for marriage
solemnization before the county supervisor, the city clerk, or mayor
first solemnizes a marriage.

end delete

begin delete

SECTION 1.  

Section 400.1 of the Family Code is amended to
read:

400.1.  

In addition to the persons specified in Section 400,
marriage may also be solemnized by a county supervisor, a county
sheriff, the city clerk of a charter city or serving in accordance
with subdivision (b) of Section 36501 of the Government Code,
or a mayor of a city elected in accordance with Article 3
(commencing with Section 34900) of Chapter 4 of Part 1 of
Division 2 of Title 4 of the Government Code, while that person
holds office. The county supervisor, county sheriff, city clerk, or
mayor shall obtain and review from the county clerk all available
instructions for marriage solemnization before the county
supervisor, county sheriff, city clerk, or mayor first solemnizes a
marriage.

end delete