BILL ANALYSIS �
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2013-2014 Regular Session
AB 1525 (Lowenthal)
As Introduced
Hearing Date: June 10, 2014
Fiscal: No
Urgency: No
NR
SUBJECT
Marriage: Solemnization
DESCRIPTION
Under existing law, marriages may be solemnized by certain
individuals including authorized persons of any religious
denomination, judges, commissioners, magistrates, Legislators,
constitutional officers, and members of Congress from
California. This bill would additionally allow city clerks to
solemnize marriages.
BACKGROUND
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, constitutional officers, and
members of Congress from California, during the time period that
those individuals are holding office. (AB 1094 Committee on
Judiciary, 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 & Lieu, Chapter 268, Statutes of 2010). In 2012,
county supervisors were authorized to perform marriages under
the same conditions as mayors. (SB 991, Runner, Chapter 63,
Statutes of 2012.)
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
(more)
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marriages under the direction of the county clerk. Deputy
commissioners of civil marriage are authorized to perform one
marriage ceremony for one specified couple. The deputizing
process varies slightly from county to county, but generally an
individual must receive instruction from the county clerk, pay a
small fee, and be sworn in as a deputy commissioner of marriage
before performing a ceremony. Under current law, county
supervisors are eligible to be deputized by county clerks as
marriage commissioners. This bill would additionally authorize
a city clerk to solemnize a marriage.
CHANGES TO EXISTING LAW
Existing law provides that an elected mayor or county supervisor
may solemnize marriage ceremonies while he or she holds office.
Existing law requires such a mayor or county supervisor to
obtain and review from the county clerk all available
instructions for marriage solemnization before he or she first
solemnizes a marriage. (Fam. Code Sec. 400.1.)
Existing law provides that the county clerk is designated as a
commissioner of civil marriages for each county. The
commissioner of civil marriages may appoint deputy commissioners
of civil marriages who may solemnize marriages under the
direction of the commissioner of civil marriages and shall
perform other duties directed by the commissioner. (Fam. Code
Sec. 401.)
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,
and by specified justices, judges, and magistrates, both current
and retired. (Fam. Code Sec. 400.)
This bill would additionally authorize a city clerk to solemnize
a marriage.
COMMENT
1.Stated need for the bill
According to the author:
When the U.S. Supreme Court overturned Proposition 8's ban on
same-sex marriages, the Los Angeles County Registrar-Recorder
granted temporary authority allowing city clerks to perform
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marriages at their local city hall, but only for a limited
time. The temporary authority expired in August of 2013. AB
1525 would once again authorize city clerks to solemnize
marriages, if they choose to do so.
2.Ensuring city clerks would be qualified to solemnize marriages
This bill would add city clerks to the list of persons who are
authorized to perform marriages. The city clerk performs a
variety of functions for the community, and often serves as the
official keeper of municipal records. The city clerk is the
local official who administers democratic processes such as
elections, access to city records, and all legislative actions
ensuring transparency to the public. He or she also acts as a
compliance officer for federal, state, and local statutes
including the Political Reform Act, the Brown Act, and the
Public Records Act. Finally, the city clerk manages public
inquiries and arranges for ceremonial and official functions.
Existing law contains several different code sections that
authorize individuals to perform marriages. Specifically,
Family Code Section 400 authorizes a narrow selection of
officials, all of whom perform a limited range of legal
functions, to solemnize marriages. Elected mayors and county
supervisors are also authorized to solemnize marriages, but that
authorization is found in Section 400.1 of the Family Code.
That section provides that an elected mayor or county supervisor
may only solemnize marriages after he or she obtains and
reviews, from the county clerk, all available instructions for
marriage solemnization. (Fam. Code Sec. 400.1.) Additionally,
under existing law, the county clerk can deputize any person as
a commissioner of marriage for a single ceremony. (See
Background.)
Although this bill would add "city clerks" to the narrow list of
individuals in Section 400, the role of a city clerk is arguably
closer to that of a mayor or county supervisor than any of the
elected or appointed officials, such as judges and legislators,
enumerated in Family Code Section 400. City clerks are elected
or appointed by the districts in which they reside and serve a
local population. City clerks, like mayors, also serve in an
executive and legislative capacity.
Allowing city clerks to solemnize marriages in a manner
identical to that of mayors and county supervisors would appear
to be appropriate because the required review of information
from the county clerk would impose a standard level of knowledge
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and proficiency in the solemnization of marriage ceremonies. To
ensure that city clerks are treated similarly to mayors and
county supervisors, the following amendment would require city
clerks to review instructions from the county clerk prior to
performing marriage solemnization, resolving this issue:
Suggested amendments :
Strike out contents of the bill and insert:
Amend Family Code Section 400.1 to read:
In addition to the persons specified in Section 400,
marriage may also be solemnized by a county supervisor, the
city clerk of a charter city or serving in accordance with
Section 36501 et seq. of the Government Code, or 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, the city clerk, 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.
3.Distinguishing between city and county roles
In opposition to this bill, the California Association of Clerks
and Election Officials argue that "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."
In response, the author writes:
AB 1525 would allow another option for couples to get married.
In the two months that city clerks were granted temporary
authority from the county, the Long Beach City Clerk's office
performed 65 civil marriage ceremonies. While the bill would
provide voluntary authority to elected ? city clerks, it is
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not intended to supplant or compete with the services of
county clerks, it merely adds city clerks to an existing list
of government officials to solemnize marriages and expand
opportunities for couples to get married in their own city
without being required to travel to the nearest county
recorder's office.
Clearly county clerks and city clerks serve different
functions. Although the California Association of County
Clerks and Elections Officials note that county clerks are
designated as commissioners of civil marriages and operate as
a subdivision of county government, exceptions already exist
in law, with the current allowance for state legislators,
mayors, county supervisors, judges, and members of the clergy.
Staff notes that the above amendments (see Comment 2) would
further distinguish between the roles of city and county clerks
as they would require additional training to be completed by any
city clerk who wishes to solemnize marriages. Accordingly, the
ability to perform such ceremonies would be voluntary on the
part of the city clerks, whereas county clerks are required to
perform specific functions related to marriage such as issuing
marriage licenses.
In support of this bill the City of Long Beach writes "couples
that wish to marry will have the opportunity to get married in
their own city by a local official. Couples seeking
civil-marriage ceremonies will still have to go to the County
Clerk's office to obtain their marriage license, but granting
city clerks with marriage authority will help alleviate the
demands and the wait for an appointment with a county-employed
commissioner."
Support : None Known
Opposition : California Association of Clerks and Election
Officials
HISTORY
Source : City of Long Beach
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Related Pending Legislation : None Known
Prior Legislation :
SB 991 (Runner, Chapter 63, Statutes of 2012) See Background.
AB 967 (Ma & Lieu, 2010) would have authorized an elected mayor
of a chartered city, while that person holds that office, to
solemnize a marriage ceremony. This bill was vetoed by Governor
Schwarzenegger.
AB 2600 (Ma & Lieu, Chapter 268, Statutes of 2010) authorized an
elected mayor of a city, while in that office, to solemnize a
marriage ceremony, after the mayor obtains and reviews from the
county clerk all available instructions for marriage
solemnization before the mayor first solemnizes a marriage.
Prior Vote :
Assembly Floor (Ayes 64, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
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