Amended in Senate June 16, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1525

Introduced by Assembly Member Lowenthal

January 17, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

AB 1525, as amended, Lowenthal. Marriage: solemnization.

Existing law provides that a marriage may be solemnized by authorized persons of any religious denomination, by specified legislators, constitutional officers, and California Members of Congress, while those persons are currently holding that office, by specified justices, judges, and magistrates, both current and retired, by the county clerk, and by a county supervisor or an elected city mayor, as specified.

This bill would additionally authorize a city clerk to solemnize a marriage.

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

400.1.  

In addition to the persons specified in Section 400,
marriage may also be solemnized by a county supervisor begin insert , the city
clerk of a charter city or serving in accordance with subdivision
(b) of Section 36501 end insert begin insert of the Government Code, end insert 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 begin insert , the city clerk, end insert or mayor shall obtain and review from
the county clerk all available instructions for marriage
solemnization before the county supervisor or mayor first
solemnizes a marriage.

begin delete

SECTION 1.  

Section 400 of the Family Code is amended to
read:

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 is 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 legislator or constitutional officer of this state or a Member
of Congress who represents a district within this state, while that
person holds office.

(f) A city clerk.

end delete