Bill Text: CA SB1140 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Marriage.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State. Chapter 834, Statutes of 2012. [SB1140 Detail]

Download: California-2011-SB1140-Amended.html

---

BILL NUMBER: SB 1140	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 23, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Leno

                        FEBRUARY 21, 2012

   An act to amend  Sections   Section  400
 and 420  of the Family Code, relating to marriage.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1140, as amended, Leno. Marriage. 
   (1) Existing 
    Existing  law enumerates persons who are authorized to
solemnize a marriage, including any priest, minister, rabbi, or
authorized person of any religious denomination.
   This bill would  specify   provide  that
 marriage is a personal relation arising out of a civil, and not
religious, contract. The bill would also specify that  
no   a  priest, minister, rabbi, or authorized
person of any religious denomination  , or his or her
religious denomination, would   shall not  be
required to solemnize a marriage that is contrary to the tenets of
his  ,   or  her  , or its
 faith. The bill would state that any refusal to solemnize a
marriage under  that   this  provision
shall not affect the tax exempt status of any entity. 
   (2) Under existing law, no particular form of marriage ceremony is
required for solemnization, but the parties must declare that they
take each other as husband and wife in the presence of witnesses and
the person solemnizing the marriage, with certain exceptions.

   This bill would make technical, nonsubstantive changes to this
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 400 of the Family Code is amended to read:
   400.  Marriage   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  of the age of 18 years   18 years of age
 or older:
   (a) A priest, minister, rabbi, or authorized person of any
religious denomination.  No   A  person
authorized by this subdivision  , or his or her religious
denomination,  shall  not  be required to solemnize
a marriage that is contrary to the tenets of his  ,
  or  her  , or its  faith. Any
refusal to solemnize a marriage under this subdivision 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. 
  SEC. 2.    Section 420 of the Family Code is
amended to read:
   420.  (a) No particular form for the ceremony of marriage is
required for solemnization of the marriage, but the parties shall
declare, in the physical presence of the person solemnizing the
marriage and necessary witnesses, that they take each other as
husband and wife.
   (b) Notwithstanding subdivision (a), a member of the Armed Forces
of the United States who is stationed overseas and serving in a
conflict or a war and is unable to appear for the licensure and
solemnization of the marriage may enter into that marriage by the
appearance of an attorney-in-fact, commissioned and empowered in
writing for that purpose through a power of attorney. The
attorney-in-fact must personally appear at the county clerk's office
with the party who is not stationed overseas, and present the
original power of attorney duly signed by the party stationed
overseas and acknowledged by a notary or witnessed by two officers of
the United States Armed Forces. Copies in any form, including by
facsimile, are not acceptable. The power of attorney shall state the
full given names at birth, or by court order, of the parties to be
married, and that the power of attorney is solely for the purpose of
authorizing the attorney-in-fact to obtain a marriage license on the
person's behalf and participate in the solemnization of the marriage.
The original power of attorney shall be a part of the marriage
certificate upon registration.
   (c) No contract of marriage, if otherwise duly made, shall be
invalidated for want of conformity to the requirements of any
religious sect.