BILL ANALYSIS �
AB 1525
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ASSEMBLY THIRD READING
AB 1525 (Lowenthal)
As Introduced January 17, 2014
Majority vote
JUDICIARY 10-0
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|Ayes:|Wieckowski, Wagner, | | |
| |Alejo, Chau, Dickinson, | | |
| |Garcia, Gorell, | | |
| |Maienschein, Muratsuchi, | | |
| |Stone | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Authorizes a city clerk to solemnize a marriage.
EXISTING LAW :
1)Requires for a marriage to be valid, the consent of the
parties, followed by the issuance of a license and
solemnization, as provided.
2)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, and by specified justices, judges, and magistrates,
both current and retired.
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.
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.
AB 1525
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FISCAL EFFECT : None
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 Committee), Chapter 932, Statutes of 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), Chapter 268, Statutes of 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), Chapter 63,
Statutes of 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 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.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0003086
AB 1525
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