In California, the people who can officiate a wedding include any priest, minister, rabbi, or authorized person of a religious denomination; active and retired state and federal judges; a long list of current and former elected officials; and any adult who gets temporarily deputized by a county clerk for a single ceremony. Family Code Section 400 is the controlling statute, and it reads more broadly than most couples expect.1California Legislative Information. California Family Code FAM 400 – Persons Authorized to Solemnize Marriage The real question is usually which path fits the person you actually want standing up front.
Clergy, Including People Ordained Online
Any priest, minister, rabbi, or authorized person of any religious denomination can perform a California wedding, as long as they’re at least 18.1California Legislative Information. California Family Code FAM 400 – Persons Authorized to Solemnize Marriage The statute doesn’t favor any particular faith, doesn’t require a specific credential, and doesn’t make religious officiants register with any state agency before a ceremony. Recognition by the denomination is enough.
That same language is what makes online ordination work. Organizations like the Universal Life Church and American Marriage Ministries ordain people in minutes, often for free, and a person ordained this way holds the same legal standing under Section 400 as traditional clergy.1California Legislative Information. California Family Code FAM 400 – Persons Authorized to Solemnize Marriage California has not passed any statute disqualifying online ordination, and the California Department of Public Health has confirmed that out-of-state ministers authorized under Section 400 may perform marriages in the state.
One practical tip: whoever gets ordained should keep a copy of their ordination credentials with them on the wedding day. Some county clerks ask to see them when the signed license is returned.
Religious officiants also have the right to decline any ceremony that conflicts with the teachings of their faith, and refusing doesn’t put their organization’s tax-exempt status at risk.1California Legislative Information. California Family Code FAM 400 – Persons Authorized to Solemnize Marriage
Judges, Legislators, and Other Officials
Section 400 authorizes a long list of government officials to solemnize marriages. On the judicial side, that includes active and retired California judges, commissioners of civil marriages, court commissioners, assistant commissioners of any court of record, and judges and magistrates who resigned from office. Federal judicial officers count too: current and retired U.S. Supreme Court justices, federal appeals and district court judges, bankruptcy and tax court judges, and U.S. magistrates.1California Legislative Information. California Family Code FAM 400 – Persons Authorized to Solemnize Marriage Any compensation they accept must be limited to reasonable actual expenses.
On the elected side, current and former state legislators qualify, as do the state’s constitutional officers (governor, lieutenant governor, attorney general, treasurer, controller, secretary of state, superintendent of public instruction, and insurance commissioner) and Members of Congress who represent a California district. Current and former city and county elected officials and the city clerks of charter cities round out the list.1California Legislative Information. California Family Code FAM 400 – Persons Authorized to Solemnize Marriage Local elected officials cannot accept compensation for weddings while in office, and anyone removed for misconduct or convicted of a crime involving dishonesty is disqualified.
Deputy Commissioner for a Day
If the person you want officiating isn’t comfortable with ordination, California offers a secular alternative. Under Family Code Section 401, each county clerk serves as a commissioner of civil marriages and can appoint deputy commissioners to solemnize marriages.2Justia Law. California Family Code – Persons Authorized to Solemnize Marriage Many counties package this as a “Deputy Commissioner for a Day” program.
Any adult can apply to be deputized for one specific ceremony. Residency in the county, or even in California, is generally not required. The applicant submits paperwork to the county clerk’s office, takes an oath, and in some counties attends a short virtual class.3Los Angeles County Registrar-Recorder/County Clerk. Deputy Commissioner for a Day Program Los Angeles County charges $75 for the application, plus a $13 expediting fee if submitted less than a month before the ceremony, and requires a one-hour virtual session.
Not every county runs the program, and fees and processing times vary, so call the clerk’s office early.4County of San Luis Obispo. Deputy Marriage Commissioner for the Day Also confirm that the county issuing your marriage license will accept a deputy commissioner appointed by a different county, which isn’t automatic.
The Basic Requirements for Any Officiant
Across every category, the officiant must be at least 18.1California Legislative Information. California Family Code FAM 400 – Persons Authorized to Solemnize Marriage Judges are limited to reimbursement for actual expenses, and sitting local elected officials cannot be paid for ceremonies at all. Clergy and deputy commissioners aren’t subject to those compensation rules.
What the Officiant Has to Do
Choosing someone is only part of the job. Whoever officiates takes on real legal duties, and skipping them creates problems for the couple.
Before the ceremony begins, the officiant must ask to see the marriage license and review it. If anything on the license looks wrong, the officiant has to verify the facts before going forward.5Justia Law. California Family Code Chapter 2 – Solemnization of Marriage Officiating without first seeing the license is illegal.
California doesn’t dictate a script. The couple needs to declare, in the physical presence of the officiant and any required witnesses, that they take each other as spouses.5Justia Law. California Family Code Chapter 2 – Solemnization of Marriage Everything else about the ceremony is up to them.
Afterward, the officiant completes every required field on the license, including the ceremony date and location and the officiant’s name, title, and address. The officiant, the couple, and (on a public license) the witnesses sign. The signed license then has to reach the county recorder of the county that issued it within 10 days of the ceremony.6California Legislative Information. California Family Code 423 A late return can delay certified copies of the marriage certificate, which the couple may need for name changes, insurance, and other legal purposes. Most experienced officiants mail or hand-deliver the license the next business day.
Myths Worth Clearing Up
Ship Captains
Ship captains have no automatic authority to perform weddings under U.S. or California law. A captain can officiate your wedding only by independently qualifying under Family Code Section 400, which in practice usually means getting ordained online first. A ceremony performed by an otherwise unqualified captain is symbolic only.
Military Chaplains
A military chaplain can officiate a California wedding, with a condition. Federal regulations require military chaplains to comply with the civil law of the place where the marriage is performed.7eCFR. 32 CFR Part 510 – Chaplains For a California ceremony that means the chaplain must qualify under Section 400. Most are ordained clergy and already do, but it’s worth confirming.
If an Unauthorized Person Performed the Ceremony
California law states that an otherwise valid marriage will not be invalidated simply because the ceremony didn’t conform to the requirements of any religious group.5Justia Law. California Family Code Chapter 2 – Solemnization of Marriage Courts have generally been reluctant to void marriages for technical solemnization defects when both parties consented and had a valid license. Still, confirming your officiant’s authority before the wedding is far simpler than litigating the validity of your marriage afterward.