BILL ANALYSIS
AB 967
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Date of Hearing: January 12, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 967 (Ma and Lieu) - As Amended: January 7, 2010
PROPOSED CONSENT
SUBJECT : MARRIAGE: SOLEMNIZATION
KEY ISSUE : SHOULD MAYORS BE PERMITTED TO PERFORM MARRIAGES?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
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; and, while they hold those
offices, California legislators and constitutional officers and
members of Congress from California. This bill, sponsored by
the Mayor of Los Angeles, expands the list of those authorized
to solemnize marriages to include city mayors, while they hold
that office. In support of the bill, the author writes that
mayors must currently be deputized by county clerks before
performing marriage ceremonies. This bill will "streamline the
authorization process, relieve counties' caseloads, and provide
citizens with more options as they choose their wedding
officiants." There is no known opposition.
SUMMARY : Authorizes a mayor of a city, while that person holds
the office, to solemnize a marriage ceremony.
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 specified
AB 967
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legislators, constitutional officers, and California Members
of Congress, while those persons are currently holding that
office, and by specified justices, judges, and magistrates,
both current and retired. (Section 400.)
COMMENTS : A marriage is not valid unless it is solemnized by an
authorized individual. Under existing law, marriages may be
solemnized by authorized persons of any religious denomination,
judges, commissioners, and magistrates. In 1998, the list was
expanded to include California legislators and constitutional
officers and members of Congress from California, all while they
hold those offices. (AB 1094 (Judiciary), Chap. 932, Stats.
1998.) A county may also allow certain officials of nonprofit
religious institutions to solemnize the marriages of the members
of those institutions.
In addition, the county clerk, who is statutorily designated as
a commissioner of civil marriages in the county, may appoint
deputy commissioners of civil marriage, who may solemnize
marriages under the direction of the county clerk.
This bill expands the list of those authorized to solemnize
marriages to include city mayors, while they hold that office.
In support of the bill, the author writes:
AB 967 will allow elected mayors of cities to
solemnize marriage ceremonies while they hold office.
Currently, mayors must be deputized by county clerks
each day they plan to perform the ceremony. At least
13 other states currently authorize mayors to
solemnize marriages, including Michigan, Pennsylvania,
New Jersey and New York.
By authorizing mayors to perform marriages just as
state legislators, officers and justices currently do,
AB 967 will streamline the authorization process,
relieve counties' caseloads, and provide citizens with
more options as they choose their wedding officiants.
REGISTERED SUPPORT / OPPOSITION :
Support
Mayor Antonio Villaraigosa (sponsor)
AB 967
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Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334