Opinion No. (1999)

BILL LOCKYER Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE MCGREGOR W. SCOTT, DISTRICT ATTORNEY, SHASTA COUNTY, has requested an opinion on the following question: May marriage ceremonies be solemnized by a county sheriff, district attorney, assessor, or supervisor? CONCLUSION Marriage ceremonies may not be solemnized by a county sheriff, district attorney, assessor, or supervisor. ANALYSIS Section 400 of the Family Code 1 generally sets forth who may solemnize marriages in California. It provides: "Marriage may be solemnized by any of the following who is the age of 18 years or older: "(a) A priest, minister, or rabbi of any religious denomination. "(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…