California Senate Bill SB1140 Introduced / Bill

 BILL NUMBER: SB 1140INTRODUCED BILL TEXT INTRODUCED BY Senator Leno FEBRUARY 21, 2012 An act to amend Sections 300, 400, and 420 of the Family Code, relating to marriage. LEGISLATIVE COUNSEL'S DIGEST SB 1140, as introduced, Leno. Marriage. (1) Existing law defines marriage as a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary. Under existing law, consent to a marriage must be followed by a marriage license and solemnization of the marriage. This bill would define the term marriage as a personal relation arising out of a civil contract between a man and a woman, established pursuant to a State of California marriage license issued by the county clerk, to which the consent of the parties capable of making that contract is necessary. The bill would retain the requirement that consent of the parties be followed by solemnization of the marriage. (2) 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 that no priest, minister, rabbi, or authorized person of any religious denomination, or his or her religious denomination, would be required to solemnize a marriage that is contrary to the tenets of his, her, or its faith. The bill would state that any refusal to solemnize a marriage under that provision shall not affect the tax exempt status of any entity. (3) 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 a technical, nonsubstantive change 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 300 of the Family Code is amended to read: 300. (a) Marriage is a personal relation arising out of a civil contract between a man and a woman,  established pursuant to a State of California marriage license issued by the county clerk,  to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500). (b) For  the  purposes of this part, the document issued by the county clerk is a marriage license until it is registered with the county recorder, at which time the license becomes a marriage certificate. SEC. 2. Section 400 of the Family Code is amended to read: 400. Marriage may be solemnized by any of the following who is of the age of 18 years or older: (a) A priest, minister, rabbi, or authorized person of any religious denomination.  No person authorized by this subdivision, or his or her religious denomination, shall be required to solemnize a marriage that is contrary to the tenets of his, 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. 3. 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,   attorney-in-fact,  commissioned and empowered in writing for that purpose through a power of attorney. The  attorney in fact   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   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.