(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) 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) 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) A judge or magistrate who has resigned from office.
(3) Any of the following judges or magistrates of the United States:
(A) A justice or retired justice of the United States Supreme Court.
(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) A judge or retired judge of a bankruptcy court or a tax court.
(D) A United States magistrate or retired magistrate.
(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) 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) A person that holds or formerly held an elected office of a city, county, or city and county.
(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) (1) A person listed in subdivision (c) shall not accept compensation for solemnizing a marriage while holding office.
(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.
(Amended by Stats. 2019, Ch. 115, Sec. 8. (AB 1817) Effective January 1, 2020.)
(a) For each county, the county clerk is designated as a commissioner of civil marriages.
(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.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
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.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)