Solemnization of MarriagePersons Authorized to Solemnize Marriage

Section § 400

Explanation

This law explains who can legally conduct a marriage ceremony in California. It allows religious leaders like priests or rabbis, and various judges or retired judges, to officiate weddings. Public officials such as members of the legislature, Congress, or city clerks can also perform marriages, but they can't accept payment for doing so. Anyone officiating a marriage cannot have been removed from office for offenses like dishonesty or fraud.

(a)CA Family Law Code § 400(a) Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by a priest, minister, rabbi, or authorized person of any religious denomination who is 18 years of age or older. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of the person’s faith. 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)CA Family Law Code § 400(b) Consistent with Section 94.5 of the Penal Code and provided that any compensation received is reasonable, including payment of actual expenses, a marriage may also be solemnized by any of the following persons:
(1)CA Family Law Code § 400(b)(1) 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.
(2)CA Family Law Code § 400(b)(2) A judge or magistrate who has resigned from office.
(3)CA Family Law Code § 400(b)(3) Any of the following judges or magistrates of the United States:
(A)CA Family Law Code § 400(b)(3)(A) A justice or retired justice of the United States Supreme Court.
(B)CA Family Law Code § 400(b)(3)(B) A judge or retired judge of a court of appeals, a district court, or a court created by an act of the United States Congress the judges of which are entitled to hold office during good behavior.
(C)CA Family Law Code § 400(b)(3)(C) A judge or retired judge of a bankruptcy court or a tax court.
(D)CA Family Law Code § 400(b)(3)(D) A United States magistrate or retired magistrate.
(c)CA Family Law Code § 400(c) Except as provided in subdivision (d), a marriage may also be solemnized by any of the following persons who are 18 years of age or older:
(1)CA Family Law Code § 400(c)(1) A Member of the Legislature or constitutional officer of this state or a Member of Congress of the United States who represents a district within this state, or a former Member of the Legislature or constitutional officer of this state or a former Member of Congress of the United States who represented a district within this state.
(2)CA Family Law Code § 400(c)(2) A person that holds or formerly held an elected office of a city, county, or city and county.
(3)CA Family Law Code § 400(c)(3) A city clerk of a charter city or serving in accordance with subdivision (b) of Section 36501 of the Government Code, while that person holds office.
(d)Copy CA Family Law Code § 400(d)
(1)Copy CA Family Law Code § 400(d)(1) A person listed in subdivision (c) shall not accept compensation for solemnizing a marriage while holding office.
(2)CA Family Law Code § 400(d)(2) A person listed in subdivision (c) shall not solemnize a marriage pursuant to this section if they have been removed from office due to committing an offense or have been convicted of an offense that involves moral turpitude, dishonesty, or fraud.
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Section § 401

Explanation

In each county, the county clerk is responsible for civil marriages. They can also appoint deputies to conduct marriage ceremonies and handle related tasks as directed.

(a)CA Family Law Code § 401(a) For each county, the county clerk is designated as a commissioner of civil marriages.
(b)CA Family Law Code § 401(b) 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.
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Section § 402

Explanation

This law allows a county to give permission to officials from a nonprofit religious institution to conduct marriage ceremonies, as long as their institution is registered with the state. The official must have a Ph.D., regularly perform religious services, and must not charge fees for the marriage ceremony.

In addition to the persons permitted to solemnize marriages under Section 400, a county may license officials of a nonprofit religious institution, whose articles of incorporation are registered with the Secretary of State, to solemnize the marriages of persons who are affiliated with or are members of the religious institution. The licensee shall possess the degree of doctor of philosophy and must perform religious services or rites for the institution on a regular basis. The marriages shall be performed without fee to the parties.
nonprofit religious institution solemnize marriages Ph.D. requirement ...