BILL ANALYSIS �
AB 1525
Page 1
Date of Hearing: March 25, 2014
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 1525 (Lowenthal) - As Introduced: January 17, 2014
SUBJECT : Marriage: solemnization
KEY ISSUE : SHOULD CITY CLERKS BE ADDED TO THE LIST OF
INDIVIDUALS AUTHORIZED TO PERFORM MARRIAGES?
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
those offices, California legislators, constitutional officers,
elected mayors, county supervisors and members of Congress from
California. This bill, sponsored by the City of Long Beach,
expands the list of those authorized to solemnize marriages to
include city clerks. This bill is opposed by the California
Association of Clerks and Election Officials who note that
county clerks can today deputize city clerks (or anyone else) to
perform such functions, and that this bill could cause the
public to be confused about the different duties of city and
county clerks. The author responds that the bill is not
attempting "to tread on the authority of county clerks, but to
instead expand opportunities and options for couples to get
married locally." Expanding opportunities to marry is good
public policy, and this bill appears to do so without unduly
confusing the functions of city and county clerks.
SUMMARY : Authorizes a city clerk to solemnize a marriage.
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
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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.)
3)Provides that a county supervisor or an elected mayor may
solemnize a marriage while he or she holds office. Further
requires that the supervisor or mayor obtain and review from
the county clerk all available instructions for marriage
solemnization before the supervisor or mayor first solemnizes
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 existing 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 are holding office. (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.) Most recently, in 2012,
county supervisors were authorized to solemnize marriage
ceremonies, as long as they first receive training from the
county clerk. (SB 991 (Runner), Chap. 63, Stats. 2012.)
This bill, sponsored by the City of Long Beach, allows city
clerks to solemnize marriages. In support of the bill, the
author states that the bill "gives couples the opportunity to
get married in their own city by a local official." The City of
Long Beach adds:
When the U.S. Supreme Court overturned the Proposition 8
ban on same-sex marriages in June 2013, the Los Angeles
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County Registrar-Recorder granted temporary authority to
allow local City Clerks in Long Beach and West Hollywood to
conduct civil marriage ceremonies for all couples wising to
get married. This temporary authority was enormously
popular, but expired in August 2013. In that time (less
than two months), over 13 appointments for civil marriages
were in the City of Long Beach, and the Long Beach City
Clerk Department was able to solemnize 65 civil wedding
ceremonies.
County Clerks Are Concerned that Bill Would Blur Functions
Between City and County Clerks : The California Association of
Clerks and Election Officials opposes the bill, arguing that
issuing and administering marriage licenses is one of the
principal functions of the county clerks, who can, should they
so choose, "deputize" interested individuals, including city
clerks, to perform marriages. Moreover the county clerks are
concerned that the bill could blur the function between city and
county clerks:
The existing list of eligible dignitaries and elected
officials may occasionally perform marriages for
constituents from time to time, but adding "city clerks" to
the list would confuse the public by granting the authority
to an administrative public office which currently does not
provide any services related to marriages. Couples would
continue to be required to apply for their marriage license
at the county office, file their license with the county
recorder within 10 days of the ceremony and obtain their
certified copies of marriage documents from the county
clerk.
Elected city mayors are already granted the authority to
solemnize marriages and are available to their constituents
to perform ceremonies, upon request.
The author responds first that, while county clerks may deputize
city clerks under current law, such deputization "would allow
county clerks to pick and choose who to deputize, and would
therefore add an additional administrative system, and potential
cost, to the process. In addition, deputized clerks would only
be 'official' for a period of 24 hours at a time. Given that
some county clerks are appointed and some are elected, actual
deputization would vary greatly amongst the 58 counties,
variation similar to the different types of voting, assessment
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and financial systems."
In addition, the author notes that during the period when "the
county granted temporary authority to city clerks last year, the
functions between the county and city offices were not blurred,
and couples were not confused. There is no doubt that existing
protocol would remain where registrants would still need to
travel to the county clerk's office to obtain the license, and
to submit it to the recorder." The author reiterates that the
purpose of the bill is not "to tread on the authority of county
clerks, but to instead expand opportunities and options for
couples to get married locally." Expanding opportunities to
marry is good public policy, and this bill appears to do so
without unduly confusing the functions of city and county
clerks.
REGISTERED SUPPORT / OPPOSITION :
Support
City of Long Beach
Opposition
California Association of Clerks and Election Officials
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334