California Senate Bill SB1140 Amended / Bill

 BILL NUMBER: SB 1140AMENDED 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.