CA Fam Code Section 400

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 18 years of age or older:


A priest, minister, rabbi, or authorized person of any religious denomination. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of his or her faith. Any 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.


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.


A judge or magistrate who has resigned from office.


Any of the following judges or magistrates of the United States:


A justice or retired justice of the United States Supreme Court.


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.


A judge or retired judge of a bankruptcy court or a tax court.


A United States magistrate or retired magistrate.


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.
Last Updated

Aug. 19, 2023

§ 400’s source at ca​.gov