Persons Allowed to Perform Weddings in California

Division 3, Part 3, Chapter 1 of the California Family Code deals with persons who are authorized to solemnize marriage in this state.

Section 400 provides that, 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 cannot be required to solemnize a marriage that is contrary to the tenets of the person’s faith.

In addition, refusal to solemnize a marriage under this subdivision, either by an individual or by a religious denomination, does not affect the tax-exempt status of any entity. A marriage may also be solemnized by any of the three specified persons. A marriage may also be solemnized by any of the three specified persons who are 18 years of age or older.

Section 401 states that, for each county, the county clerk is designated as a commissioner of civil marriages. 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 must perform other duties directed by the commissioner.

Section 402 authorizes a couty to 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 is required to possess the degree of doctor of philosophy and must perform religious services or rites for the institution on a regular basis. The marriages must be performed without fee to the parties.