BILL ANALYSIS Ó
SB 875
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Date of Hearing: June 8, 2016
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
SB
875 (Gaines) - As Amended June 1, 2016
PROPOSED CONSENT
SENATE VOTE: 38-0
SUBJECT: Solemnization of marriage: county sheriffs
KEY ISSUE: SHOULD COUNTY SHERIFFS BE PERMITTED TO SOLEMNIZE
MARRIAGES AND SHOULD THE REQUIREMENT THAT SOME, BUT NOT ALL,
GOVERNMENT OFFICIALS RECEIVE SPECIFIC INSTRUCTIONS BEFORE THEY
CAN SOLEMNIZE MARRIAGES BE ELIMINATED?
SYNOPSIS
A marriage in California is not valid unless it is solemnized by
an authorized individual. Under current law, marriages may be
solemnized by authorized persons of any religious denomination;
judges, commissioners, and magistrates; and, while they hold
office, California legislators, constitutional officers, elected
mayors, county supervisors and members of Congress. Also some
of those allowed to solemnize marriages, including legislators
and constitutional officers, may do so with no pre-conditions,
while others, including county supervisors and mayors, are
required to first obtain and review instructional materials
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before solemnizing any marriages.
This bill expands the list of persons who are authorized to
solemnize marriages to include county sheriffs. This bill also
deletes the requirement that county supervisors, mayors and city
clerks must obtain and review instructional materials before
solemnizing any marriages. The author states that county
sheriffs should be permitted to solemnize marriages in order to
"honor men and women who sacrifice much for their constituents'
safety." This bill has no known opposition.
SUMMARY: Expands who may solemnize marriages in California to
include county sheriffs. Specifically, this bill:
1)Permits a county sheriff to solemnize a marriage.
2)Eliminates the requirement that before a county supervisor,
mayor or city clerk of a charter city, as provided, may
solemnize a marriage he or she must first obtain and review
from the county clerk all available instructions for marriage
solemnization.
EXISTING LAW:
1)For a marriage to be valid, requires the consent of the
parties, followed by the issuance of a license and
solemnization, as provided. (Family Code Section 300. All
further statutory references are to that code unless otherwise
stated.)
2)Provides that a marriage may be solemnized by authorized
persons of any religious denomination, by California
legislators, constitutional officers and members of Congress,
while those persons hold those offices, and by specified
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justices, judges, and magistrates, both current and retired.
(Section 400.)
3)Provides that a county supervisor, elected mayor and city
clerk, as specified, may solemnize a marriage while he or she
holds that office. Further requires that the supervisor,
mayor or city clerk must first obtain and review from the
county clerk all available instructions for marriage
solemnization before the supervisor, mayor or city clerk may
solemnize a marriage. (Section 400.1.)
4)Provides that the county clerk is designated as a commissioner
of civil marriages for each county. Allows the commissioner
of civil marriages to appoint deputy commissioners of civil
marriages who may solemnize marriages under the direction of
the commissioner of civil marriages and perform other duties
directed by the commissioner. (Section 401.)
FISCAL EFFECT: As currently in print this bill is keyed
non-fiscal.
COMMENTS: A marriage is not valid unless it is solemnized by an
authorized individual. Under current law, marriages may be
solemnized by authorized persons of any religious denomination,
judges, commissioners and magistrates. In 1998, this list was
expanded to include California legislators and constitutional
officers and members of Congress from California, during the
time period that those individuals hold those offices. (AB 1094
(Judiciary), Chap. 932, Stats. 1998.) In 2010, elected mayors
were also authorized to solemnize marriage ceremonies, as long
as they first receive training from the county clerk. (AB 2600
(Ma & Lieu), Chap. 268, Stats. 2010.) In 2012, county
supervisors were authorized to solemnize marriage ceremonies,
again as long as they first receive training from the county
clerk. (SB 991 (Runner), Chap. 63, Stats. 2012.) Finally, in
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2014, city clerks were added, again as long as they first
receive training from the county clerk. (AB 1525 (Lowenthal),
Chap. 450, Stats. 2014.)
This bill again expands the list of those who are authorized to
solemnize marriages, this time to include county sheriffs. This
bill also deletes the requirement that county supervisors,
mayors and city clerks must obtain and review instructional
materials before solemnizing any marriages.
In support of the bill, the author states:
Sheriffs are faced daily with a multitude of difficult
tasks. They are public servants who willingly put
themselves in danger to keep our state and our citizens
safe. They are community leaders and well-respected. In
addition to some of the somber aspects of the job, county
sheriffs would also like the ability to provide the joyful
public service of marrying couples.
Sheriffs would not be obligated to perform these ceremonies
but would be given the option if they desire. Granting
this option would honor men and women who sacrifice much
for their constituents' safety.
After a 15-year hodgepodge expansion of the list of persons who
may solemnize marriages, this bill seeks to provide some
uniformity to the rules by deleting the requirement that some
officials, but not all, are required to receive instruction
before solemnizing a marriage. It is unclear why, for example,
mayors and county supervisors need that instruction, but a
member of the Legislature or a religious official do not. This
bill eliminates the instruction requirement for all parties.
However, it is still assumed that if an authorized individual
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does not understand what is required to solemnize a marriage, he
or she will learn what is required before officiating at the
ceremony.
This bill is consistent with legislation passed earlier this
year. Earlier this year, this Committee and the full Assembly
unanimously passed AB 2761 (Low), which expands the list of
persons who may solemnize marriages in California to include
former elected officials. And, like this bill, AB 2761 deletes
the requirement that county supervisors, mayors and city clerks
must first obtain and review instructional materials before
solemnizing any marriages. Thus, both bills are consistent.
REGISTERED SUPPORT / OPPOSITION:
Support
None of file
Opposition
None on file
Analysis Prepared by:Leora Gershenzon / JUD. / (916)
319-2334
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