S211990 Motion for Judicial Notice ISO Oppn to Writ - Part 1

7/28/2019 S211990 Motion for Judicial Notice ISO Oppn to Writ - Part 1

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Case No. S211990In The Supreme Court OfThe State of California

DENNIS HOLLlNGSWORTH; GAIL J. KNIGHT; MARTINF. GUTIERREZ,MARKA. JANSSON; AND PROTECTMARRIAGE.COM- YES ON 8, A PROJECT OF

CALIFORNIARENEWAL,Petitioners,

v.PATRICK 0'CONNELL, IN HIS OFFICIAL CAPACITYAS AUDITOR-CONTROLLER/COUNTY

CLERK-RECORDEROF ALAMEDA COUNTY,ET AL.,Respondents,

andEDMUND G. BROWN, JR., IN HIS OFFICIAL CAPACITYASGOVERNOR OF THE STATEOF CALIFORNIA, ET AL.,

REAL PARTIES IN INTEREST.

MOTION FOR JUDICIAL NOTICE IN SUPPORT OF PRELIMINARYOPPOSITION TO PETITION FOR WRIT OFMANDATE OF TWENTYRESPONDENT CLERK-RECORDERS**List ofRespondents on Next Page

CHARLES J. McKEECounty Counsel, Monterey CountyState Bar #152458WILLIAMM. LITTDeputy County CounselState Bar#166614168 WestAlisal Street, 3rd FloorSalinas, CA 93901-2439Phone: (831) 755-5045Facsimile: {831) 755-5283 '[email protected] for Respondents


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Case No. S211990In The Supreme Court OfThe State ofCalifornia

DENNIS HOLLINGSWORTH, ET AL.Petitioners,

v.PATRlCK 0 'CONNELL, INHIS OFFICIAL CAPACITY AS AUDITOR-CONTROLLER/COUNTY

CLERK-RECORDEROF ALAMEDA COUNTY, ET AL.,Respondents,

andEDMUND G. BROWN, JR., INHIS OFFICIAL CAPACITYASGOVERNOROF THE STATE OF CALIFORNIA, ETAL.,

REAL PARTIES IN INTEREST.

MOTION FOR JUDICIAL NOTICE IN SUPPORT OF PRELIMINARYOPPOSITION TO PETITION FOR WRIT OF MANDATE OFKIMBERLY L. GRADY, in her official capacity as ClerklRecorderlRegistrar ofVoters/Commissioner of CivilMarriages ofAmador County; MADALINE KRSKA,in her official capacity as County Clerk recorder of Calaveras County; JOSEPH E.CANCIAMILLA, in his official capacity as County Clerk-Recorder-Registrar ofContra Costa County; WILLIAM E. SCHULTZ, in his official capacity asRecorder-Clerk and Elections Official and Commissioner of Marriages of EIDorado County; CAROLYN CRNICH, in her official capacity as CountyClerklRecorderlRegistrar of Voters ofHumboldt County; KAMMI FOOTE, in herofficial capacity as ClerklRecorder and Registrar of Voters of Inyo County;CATHY SADERLUND, in her official capacity as Auditor-Controller and CountyClerk of County of Lake; SUSAN M. RANOCHAK, in her official capacity asMendocino County Assessor-County Clerk-Recorder; LYNDAROBERTS, in herofficial capacity asMono County Clerk-Recorder-Registrar; STEPHENL.VAGNINI, in his official capacity as Assessor-County Clerk-Recorder of County ofMonterey; JOHN TUTEUR, in his official capacity as Assessor-Recorder-CountyClerk 0 Napa County; GREGORY J. DIAZ, in his official capacity as ClerkRecorder of Nevada County; JOE PAUL GONZALEZ, in his official capacity asClerk-Auditor and Recorder-Registrar ofVoters of County ofSan Benito;

KENNETHW. BLAKEMORE, in his official capacity of Recorder/County Clerk ofSan Joaquin County; GAIL PELLERIN, in her official capacity ad County Clerk ofthe County of Santa Cruz; CATHY DARLING ALLEN, in her official capacity asCounty ClerklRegistrar of Voters of Shasta County; HEATHER FOSTER, in herofficial capacity as County Clerk-Recorder of Sierra County;WILLIAM F.FOUSSEAU, in his official capacity as Sonoma County Clerk-Recorder-Assessor;BEV ROSS, in her official capacity as Clerk-Recorder ofTehama County; andROLAND P. IDLL, in his official capacity as Assessor/Clerk-Recorder ofTulareCounty


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MOTION FOR nJDICIAL NOTICEPursuant to Evidence Code section 452, subdivision (c), the Respondents

listed on the prior page move and request that the Court take judicial notice of thefollowing documents, attached as Exhibits A through E:1. All County Letter 08-07, issued to all County Clerks and County Recordersby the California Department ofPublic Health on May 28, 2008. This issuance

provided instructions to County Clerks and County Recorders following the rulingin In re Marriage Cases (2008) 43 Cal. 4th 757. A true and correct copy isattached hereto as Exhibit A.2. The California Marriage License and Certificate Handbook, issued by theCalifornia Department ofPublic Health-Vital Records, on September 1, 2011.This official document provides guidance on a wide variety of issues related tomarriage licenses, and includes forms and other supporting documents. A true andcorrect copy is attached hereto as Exhibit B.3. An electronic mail message regarding All County Letter 08-07, issued onMay 28,2008 to all County Clerks and County Recorders via electronic mail fromMs. Linette T. Scott, Deputy Director ofHealth Information and Strategic Planningfor the California Department ofPublic Health, providing marriage forms to beused effective June 17,2008; All County Letter 08-09, issued to all County Clerksand County Recorders by the California Department of Public Health on June 5,


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2008, directing the use of new State marriage license forms beginning at 5:01 p.m.on June 16,2008; All County Letter 08-15, issued to all County Clerks and CountyRecorders by the CaliforniaDepartment ofPublic Health on October 3,2008,distributing amended marriage license forms, and directing they be used effectiveNovember 17, 2008; and All County Letter 08-18, issued to all County Clerks andCounty Recorders by the California Department ofPublic Health on October 21,2008, implementing a change to the forms regarding the optional designation ofbride and groom. A true and correct copy of each of these letters is attached heretoas Exhibit C.4. An invitation sent byMs. Linette T. Scott, Deputy Director ofHealthInformation and Strategic Planning for the California Department ofPublic Healthon October 3, 2008 via electronic mail to all County Clerks and County Recordersto participate in a conference call to discuss new marriage forms; and an electronicmail to all County Clerks and County Recorders from Karen J. Roth, Chief, Policy,Compliance& Standards Section in the Office ofVital Records of the CaliforniaDepartment ofPublic Health advising that marriage certificates submitted to theState via prioritymail must be properly addressed in order to be timely received.A true and correct copy of each of these documents is attached hereto as Exhibit D.5. Electronic mail correspondence between Alicia R. Sotelo, Assistant CountyClerklRecorder, Monterey County ClerklRecorder's Office and Karen J. Roth,


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Chief, Policy, Compliance & Standards Section in the Office ofVital Records ofthe California Department ofPublic Health, dated January 14,2011, in whichMs.Roth provides guidance to the Monterey County ClerkJRecorder's Office onwhether a minister may perform his own wedding ceremony. A true and correctcopy of this document is attached hereto as Exhibit E.JulyLl-,2013 Respectfully submitted,

COUNTY OF MONTEREYBy c A a ( ~ ~ - - L -CHARLES J. McKEECounty CounselCounsel for Respondents


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MEMORANDUM OF POINTS AND AUTHORITIESI. THE REQUESTED JUDICIAL NOTICE IS APPROPRIATE

Evidence Code section 452, subdivision (c) provides that courts mayjudicially notice "[0]fficial acts of the legislative, executive, and judicialdepartments [ ] of any state of the United States. This includes officialpublications of an agency, and reports and letters issued by various department ofthe Executive Branch, although the court does not necessarily take notice that thecontents therein are true. (Carleton v. Tortosa (1993) 14 Cal.AppAth 745;Shaeffer v. State (1970) 3 Cal.App.3d 348; Jay v. Dollarhide (1970) 3 Cal.App.3d1001.) Furthermore, courts may notice "[f1acts and propositions that are notreasonably subject to dispute and are capable of immediate and accuratedetermination by resort to sources of reasonably indisputable accuracy." (Evid.Code, 452, subd. (h).)

"Judicial notice is the recognition and acceptance by the court, for use by [ ]the court, of the existence of a matter of law or fact that is relevant to an issue inthe action without requiring formal proofof the matter. (Lockley v. Law Office ofCantrell (2001) 91 Cal.AppAth 875,882.) The underlying theory is that a matterjudicially noticed is a law or fact that is not reasonably subject to dispute.I I I

I I I


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II. NOTICE OF THE ATTACHED EXHIBITS WILL AID THISCOURT'S DETERMINATIONOF THE PENDING PETITION

The documents attached to this motion as Exhibits A through E reflect theactual practice and pattern of the relationship between the State and the CountyClerks and Recorders. A fundamental question behind both the pending petitionand the opposition filed by Respondents is whether the County Clerks and Recordsare subject to the direction of the California Department ofPublic Health inrelation to issuing and registering marriage licenses. The attached documents aidin understanding how directives, guidance and instructions are issued by the Stateto the Clerks and Recorders, and are directly relevant to the Court's determinationof the issue pending in this matter.III. THIS MOTION COMPLIES WITH RULE 8.252

This motion complies with California Rules ofCourt, rule 8.252. First, thematerials for which notice is sought are subject to judicial notice under EvidenceCode section 452, subdivision (c), and they are relevant to the PreliminaryOpposition to the Petition for Writ ofMandate filed herewith. Each supports

Respondent's argument that County Clerks and Recorders are subject to thesupervision of the California Department ofPublic Health with respect to theadministration ofCalifornia's marriage laws. Accordingly, this motion complieswith California Rules ofCourt, rule 8.252.I I I


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IV. CONCLUSIONTherefore, Respondents respectfully submit that this Court should grant this

motion and take judicial notice of the materials attached as Exhibits A through E.July lL, 2013 Respectfully submitted,

COUNTY OF MONTEREY1 J ( " 'B ~ ~ ~ ~ ..

County CounselCounsel for Respondents


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electronic mail to all County Clerks and County Recorders to participate in aconference call to discuss new marriage forms; and an electronic mail to all CountyClerks and County Recorders from Karen 1. Roth, Chief, Policy, Compliance &Standards Section in the Office ofVital Records of the California Department ofPublic Health on June 4, 2008.5. Attached hereto as Exhibit E is electronic mail correspondence betweenAlicia R. Sotelo, Assistant County Clerk/Recorder, Monterey CountyClerk/Recorder's Office and Karen J. Roth, Chief, Policy, Compliance &Standards Section in the Office ofVital Records of the California Department ofPublic Health, dated January 14,2011.

I declare under penalty of perjury under the laws of the Staet ofCalifornia

that the foregoing is true and correct.Executed this ~ d a y of July, 2013, in Salinas, California.

By: C l l f ~ t ! e ? c S ? 1 J J i ~Charles J. McKee


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EXHIBITA


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State of California-Health and Human Services Agency~ ~ , , : ; ~ . / California Department of Public Health

MARK BHORTON, MD, MSPH ARNOLD SCHWARZENEGGERDirector Governor

May 28, 2008 08-07TO: COUNTY CLERKSCOUNTY RECORDERSSUBJECT: RULING BY THE CALIFORNIA SUPREME COURT REGARDING SAMESEX MARRIAGES

On May 15, 2008, the California Supreme Court ruled that statutesIntroduction limiting marriage to opposite-sex couples are unconstitutional. (In reMarriage Cases [Six consolidated appeals], Case No. S147999.)

Pursuant to the California Supreme Court's decision in the MarriageCases, and also pursuant to its decision in Lockyer v. City and Countyof San Francisco (2004) 33 Cal.4th 1055, local governments have aministerial duty to comply with California's marriage laws in a mannerconsistent with the directions of the California Supreme Court.In order to ensure uniformity throughout the state in complying with theCalifornia Supreme Court's directions, the State Office of Vital Records(OVR) issues the following instructions for all counties.The California Rules of Court provide that the California SupremeCourt has until the close of business on June 16, 2008, to issue anorder for rehearing. Effective June 17, 2008, County Clerks areauthorized to begin using the enclosed new marriage license forms forall Public licenses, Confidential licenses, Denominations not HavingClergy licenses, and Declaration of Marriage licenses. The Affidavit toAmend a Marriage Form (VS 24C) has also been revised and isenclosed. Effective June 17,2008, only the enclosed new forms maybe used for the issuance of marriage licenses in California.A Registered Domestic Partnership (RDP) need not be dissolved priorto the issuance of a marriage license if the parties to the RDP and theparties to the marriage are identical.

. Center for Health Statistics- Office of Vital Records MS 5103 - P.O. Box 997410, Sacramento, CA 95899-7410(916) 442-2684Internet Address: www.cdph.ca.gov


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RULING BY THE CALIFORNIA SUPREME COURT REGARDING SAME-SEX MARRIAGESPage 2

RevisedMarriageLicenseForms

E l e ~ t r o n i cFormsApprovalProcess

Transmittalform

UpdatedHa.ildbookPages

Based on Health & Safety Code Section 102200, the OVR hasapproved the enclosed marriage license forms. These forms weredeveloped in conjunction with input from the County Clerks andCounty Recorder Associations.The OVR will send all County Clerk offices a supply of the new papermarriage certificates for use beginning June 17, 2008. If the paperform is being used, the personal data for the applicants must betyped.

OVR approval to electronically produce these marriage forms mustbe obtained individually by each participating county. Any countythat does not obtain approval to electronically produce the newforms must issue marriage licenses on paper forms provided by theState until approval is obtained.Please find enclosed copies of the new marriage forms and theProtocol for submitting electronic marriage forms for approval.

The enclosed transmittal form should be used when forwardingelectronically produced forms to the state office for approval. Theelectronically produced forms should be forwarded to the attention ofthe appropriate Policy Analyst.

Revised pages to the Marriage Handbookwill fol low at a later date.


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RULING BY THE CALIFORNIA SUPREME COURT REGARDING SAME-SEX MARRIAGESPage 3

Questions If you have any questions regarding this matter, please contact yourPolicy/County Analyst.

Original signed by Linette Scott:

Janet McKeeDeputy State Registrar andCh'ief, Office of Vital RecordsEnclosures


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Protocol for SubmittingElectronic Marriage Forms for ApprovalHealth and Safety Code Section 102200. Record Forms. The State Registrar shallprescribe and furnish all record forms for use in carrying out the purposes of this part, orshall prescribe the format, quality, and content of forms electronically produced in eachcounty, and no record forms or formats other than those prescribed shall be used.Pursuant to Health and Safety Code Section 102200, the only forms that may beeledronically produced and used to license a marriage in California are State approvedmarriage license forms. Copies of the approved marriage license forms were revisedpursuant to the California Supreme Court Ruling on May 15, 2008. Please take thefollowing steps to proceed with approval to electronically produce the current forms:PAPER SPECIFICATIONS

j . All marriage forms must be printed on white 28-pound ledger stock. Theforms must be on acid-free archival paper.2. Paper size is 8 %" xii".3. Counties approved to produce forms electronically shall purchase therequired paper stock identified above and distribute their own paper supplies.

FONTS AND DATA ELEMENTS. 1. The size and type of fonts used must be in compliance with specifications set

forth by the Office of Vital Records. Five to twelve point Arial fonts, as usedon the enclosed forms, are required for the new marriage forms (Rev. 6/08).2. Strict adherence to the position layout of the data elements on the OVR formsis required.

SUI;3MISSION TOOVR FOR APPROVAL1. After electronic systems have been programmed to print the new marriageforms, you must submit the attached transmittal sheet to OVR requestingState approval to electronically produce the new forms. With this letter youmust submit fiv8 blank copies and five completed copies (data filled) of eachmarriage certificate you plan to electronically produce. Also needed arecopies of the Privacy Notification and Instructions and Information sectionsthat are on the backs of the certif icates. This information may be provided forreview by printing it on the backs of the appropriate certificates or on separatesheets of paper. Each county is responsible for ensuring that the certificateforms submitted for review have undergone inspection and quality control to


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ensure that they are as nearly identical to the State forms as possible prior tosubmission.2. OVR will review your marriage forms and, if acceptable, will grantauthorization for your county to electronically produce the new forms.3. If your marriage forms are not acceptable, OVRwill advise of the changesthat are needed to make them acceptable. OVRwill also request five copiesof the corrected certificate(s) both data filled and blank, and those sections onthe back (Privacy Notification and Instruction Section) that require a change.Once your forms are acceptable, OVR will respond as stated above in Item 2.

Please be aware that OVR will approve each county individually, rather than providingblanket approval for a vendor. It is the County's responsibility to work with their vendorto ensure that each form generated by the county is acceptable to OVR.


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State of California Office ofVital Records

Transmittal FormforElectronically Produced Marriage FormsTo: Office of Vital Records - MS 5103P.O. Box 997410Sacramento, CA 95899-7410

Attention: _Policy Analyst

Approval is requested to electronically produce the following type of marriage certificate(s):o License and Certificate of Marriage (VS 117)o Confidential License and Certificate of Marriage (VS 123)o License and Certificate of Declaration of Marriage (VS 116)o License and Certificate of Marriage for Denominations Not Having Clergy (VS 115)o Affidavit to Amend a Marriage Certificate (VS 24C)

The attached marriage certificates have been electronically produced by:

(System Vendor)I hereby certify that I have reviewed the certificate(s) for accuracy and it/they is/are an exactreplica of the state issued form:

(Certifier's Name)

(Agency Name)

(Mailing Address)

(City, State, Zip Code)(Telephone Number)

Attached are five blank copies of each type of marriage certificate and five completed copies(data filled) for each type of marriage certificate being requested for approval.


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ali rniar ii 9 License and rti Icateandb ok

September 1, 2011

State of Californiaof m

5103, PO Bex 997410CA 7410

(916)


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TABLE OF CONTENTSI. Introduction 1

Importance of Marriage Registration 1The Purpose of Marriage Registration 2II. Marriage Registration System 3

County Clerk 3Marriage Officiant 3County Recorder 3California Department of Public Health (CDPH) Vital Records (VR) .4National Center for Health Statistics 4Marriage License Forms 5License and Certificate of Marriage (VS 117) 5Confidential License and Certificate of Marriage (VS 123) 5License and Certificate of Marriage for Denominations Not Having Clergy (VS 115) 5License and Certificate of Declaration of Marriage '(VS 116) 5Court Order Delayed Certificate of Marriage 122) 5Affidavit to Amend a Marriage Record (VS 24C) 6Power of Attorney for Military Marriages 6Electronically Generated Forms 6

III. Specific Responsibilities 7County Clerk 7Marriage Officiant 9County Recorder 12State Registrar 13National Center for Health Statistics 13

IV. California Marriage Requirements 14Purchasing a Marriage License 14Appearance and Identification 17Procedure when Either Applicant Cannot Physically Appear in Person to Apply 17Required Identification 18Authentic Identification 18Credible Witness Affidavit 20Marriage License Application .:: 21Completing the Marriage License 23First Person/Second Person Data Items 24Affidavit 29License to Marry 31Witnesses to Ceremony 32Certification of Person Solemnizing Marriage 32New Middle and Last Name 34Reviewing and Registering the Marriage License 36License and Certificate of Declaration of Marriage (VS 116) 39License and Certificate of Marriage for Denominations Not Having Clergy (VS 115) 40Confidential License and Certificate of Marriage (VS 123) .41Marriage Ceremony 42Numbering the Certificate 43Thirteen-Digit Certificate Numbering System 44

CDPH-VR Marriage Handbook Rev. Date September 1, 2011


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V. License and Certificate of Confidential Marriage 45General Information/Requirements 45Confidential Marriage License Laws 45Confidential Marriage Licenses Issued to Notaries .46Suggested Training Outline for Notaries Public 49

VI. License and Certificate of Marriage fo r Denominations No t Having Clergy (VS 115) 50General Information/Requirements 50

VII. License and Certificate of Declaration of Marriage (VS 116) 51General Information/Requirements 51

VW. Court Order Delayed Certificate of Marriage (VS 122) 53

General Information/Requirements 53Court Proceedings to Establish Record of Marriage 53IX. Duplicate License of Marriage 54

General Information/Requirements 54Sample Duplicate Marriage Affidavit Statement. 55Signatures '" 56X. Replacement Licenses 57

General Information , '" 57XL Certified Copies 58

Public Marriages (including Non-Clergy, Declaration, and Court Order Delayed) 59Confidential Marriages 59XII. Amendments to Marriage Certificates , 60

General Information/Requirements 60Application to Amend a Record 60Rules toFollow when Amending a Marriage Certificate 61Table of Amendable Marriage Certificate Fields 64Completing the Affidavit to Amend a Record (VS 24C) 65Amendment to Add AKA 66XIII. Supporting Documents 67

Sixty-Day Letter 67Certification of No Public Record 68Power of Attorney for Military Marriages 69Affidavit of Inability to Appear 70Application for a License and Certificate of Marriage 71The Name Equalty Act of 2007 74

CDPH-VR Marriage Handbook ii Rev. Date September 1, 2011


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XIV. Sample Letters 75Sample Letter to Marriage Officiant for Confidential Marriage 75Sample Letter to Prospective Parties for a Confidential Marriage License 76Sample Letter to Marriage Officiant for Public Manriage License ., 77Sample Letter to Prospective Parties for a Public Marriage License 78

XV. Coding Information 79Local Numbers for Use in Vital Records Registration 79Standard State Abbreviations 80

XVI. Approved Marriage Forms ., 81

XVII. Historical Marriage Forms 87

XVIII. Appendix - Supplemental Updates to Marriage Handbook 153

CDPH-VR Marriage Handbook iii Rev. Date September 1, 2011


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I. INTRODUCTIONAccurate data from marriage certificates is of tremendous value to all levels of government,insurance companies, educational institutions, and many other agencies and individuals.Marriage certificates are also important documents for business and legal purposes, and forpurposes of genealogy.This handbook is designed as an aid to assist members of the clergy, County Clerks andregistrars, and other local officials who have responsibilities related to completing, issuing,filing, and registering licenses and certificates of marriage. It includes backgroundinformation on the importance of these documents for legal and statistical purposes as well asspecific instructions for recording entries. Its purpose is to achieve improved reporting bypromoting better understanding of the forms and of the uses of information entered on them.IMPORTANCE OF MARRIAGE REGISTRATIONRegistration of marriage certificates provides the individual with documentary proof that amarriage has occurred. Individuals frequently need to prove that a marriage has occurred toreceive rights to inheritance, pension, insurance, or other benefits.The legal requirements for obtaining a marriage license and registering a certificate ofmarriage can be found in the Family Code (FC), Government Code (GC), and Health andSafety Code (H&SC). Additionally, these laws require that a statistical record of eachmarriage be maintained in a central file at the California Department Public of Health-VitalRecords (CDPH-VR).In 1949, California underwent a major revision in marriage registration procedures andestablished a uniform system throughout the State.In 2008, California underwent another major revision when AB 1102 (Chapter 816, Statutes of2006) was signed into law. The bill made major revisions to the legal requirements formarriage license issuance and to the marriage certificates themselves.On May 15, 2008, the California Supreme Court ruled that statutes limiting marriage toopposite-sex couples are unconstitutional. (In re Marriage Cases [Six consolidated appeals],. .Case No. S147999.) Based on this ruling, revised gender neutral forms were implementedon June 16, 2008, at 5:01 p.m.On November 4,2008, the voters of the State of California passed Proposition 8, whichamended the California Constitution to provide that only marriage between a man and awoman is valid or recognized in California.


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L INTRODUCTION - CONTiNUEDIMPORTANCE OF MARRIAGE REGISTRATION - CONTINUEDOn January 1, 2009, The Name Equality Act of 2007 (AS 102, Chapter 567, Statutes of2007) allows one or both applicants for a California marriage license to elect to changethe middle or last names by which each party wishes to be known after solemnization ofmarriage in the spaces provided on the marriage license application. Changing one'sname through this process can only be done at the time the marriage license is issuedby the County Clerk or authorized Notary Public, as applicable. Additionally, parties tothe marriage may not add or amend this information after the marriage license has beenissued.On January 1, 2010, The Name Equality Act of 2007 (AS 102, Chapter567, Statutes of2007, amended by AB 1143, Chapter 512, Statutes of 2009)allovVs one or bothapplicants to a California marriage to elect to change the middle and/or last names bywhich each party wishes to be known after they are married by entering the new namein fields 30A thru 31C, as applicable, on the marriage license application. This must bedone at the time the applicants are applying fo r the marriage license. AS 102 alsoallowed an amendment to be issued to correct a clerical error in the new name fields onthe marriage license if signed by the county clerk or his or her deputy and one of theparties to the marriage.In addition, January 1, 2010, new laws went into effect addressing certified copies ofmarriage certificates. There are two types of certified copies that are provided: (1)authorized copy or (2) informational copy. Authorized copies require the applicant toprovide a sworn statement; whereas informational copies DO NOT require a swornstatement. If the request is mailed, the sworn statement must be notarized.All forms relating to marriage registration are prescribed and furnished by the State Registrar(H&SC Section 102200).THE PURPOSE OF MARRIAGE REGISTRATION

1. To establish a permanent public record that is legally recognized as evidence ofthe facts stated therein for each marriage occurring in"California.2. To provide information from the records to government, education, and researchorganizations.3. To provide information from those records to serve the personal needs of

individuals for their legal requirements.

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II. MARRIAGE REGISTRATION SYSTEMThe registration of public, declared, non-clergy, and confidential marriages in California is alocal and state function. The California FC provides for a continuous and permanentmarriage registration system. The system depends upon the conscientious efforts of localofficials, clergymen, and other officiants in preparing the original records and in certifying theinformation on the records.COUNTY CLERKThe County Clerk, under the direction of the State Registrar, issues public, declared, nonclergy, and confidential marriage licenses (FC Sections 350 and 501).The County Clerk is also the local registrar of confidential marriages (FC Section 506). Apermanent record of all confidential marriages registered is maintained by the County Clerk(FC Section 511). The County Clerk shall, not less them quarterly, transmit copiesof alloriginal confidential marriage certificates, or originals of reproduced confidential marriagecertificates filed after January 1, 1982, to the State Registrar (FC Section 511 (d)).MARRiAGE OFFICIANTThe marriage officiant, e.g., clergy person or authorized individual (as listed in FCSections 400-402), who performs the marriage ceremony is required by law to complete themarriage license and return it to the County Recorder or County Clerk as applicable withinten days of the date of marriage for registration (FC Sections 359(e) and 506(c)). "Everyperson required to fill out a ... marriage license and register it with the local registrar, ordeliver it, upon request, to any person charged with the duty of registering it, and who fails,neglects, or refuses to perform such duty in the manner required ... is guilty of amisdemeanor." (H&SC Section 103785.)COUNTY RECORDERThe County Recorder, under the direction of the State Registrar, is the local registrar of publicmarriages, including declared and non-clergy marriages (H&SC Sections 102285 and102295).The local registrar is required to ensure that each marriage license is complete andacceptable prior to registration. Once reviewed for proper completion, the local registrarcollects the marriage certificates accepted for registration and transmits them to the stateoffice not less than quarterly. Certificates may be transmitted at more frequent intervals byarrangement with the State Registrar (H&SC Section 102355).An important function of the County Recorder as the local registrar of marriages is to producean index of marriages registered in his/her jurisdiction (GC Section 27252).

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H. MARRIAGE REGISTRATiON SYSTEM - CONTINUEDCALIFORNIA DEPARTMENT OF PUBLIC HEALTH-VITAL RECORDSThe State Registrar (SR) is responsible for the statewide registration of marriages inCalifornia (H&SC Section 102100). CDPH-VR, consisting of the Vital Records RegistrationBranch and Vital Records Issuance and Preservation Branch, supports this SR function.After receiving the registered certificates from the local registrar, the state office inspectseach certificate for completeness and accuracy of information; queries for missing orinconsistent information; numbers the certificates; prepares indices; and retains thecertificates for permanent reference and safekeeping.HOW TO SUBMIT MARRIAGE CERTIFICATES TO CDPHVR

" Submit all marriage certificates with the fUll-page transmittal sheet (VS 106e).Discontinue using the 3 x 5 transmittal cards... License and Certificate of Declaration of Marriage certificates must be submittedseparately and on their own transmittal sheet. Do not mix with other current yearmarriage certificates." Marriage certificates must be separated by event year and forwarded in batches of upto 500 certificates with one transmittal sheet... Do not staple the marriage certificates. Paper clip all amendments to the back of theoriginal marriage certificates... Do not separate amendments from the original marriage certificates.Ii> Keep the local registration number in sequence order... Annotate on the transmittal report if a local registration number is missing... Stains on marriage certificates will not be accepted. Torn certificates will be returned.to Marriage certificates without all parties' signature will be returned... The Local Registration District Number should be on all transmittal sheets.to Ensure packaging is secure before forwarding certificates to CDPH-VR.

NATIONAL CENTER FOR HEALTH STATISTICSCopies of certificates registered in state offices and data derived from these certificates aretransmitted to the National Center for Health Statistics (NCHS) 1 by those states thatparticipate in the marriage-registration area (MRA).2 Special statistical reports are preparedfor the United States as a whole, for the MRA, and for the component parts. The statisticsare essential in the fields of social welfare, public health, and demography. They are alsoused for various administrative purposes, both in business and in government. NCHSexercises leadership in establishing uniform practices for the continued improvement of themarriage registration system in the United States.

The National Center for Health Statistics is vested with the authority of administering the vital statistics functionsat the federal level.The MRA includes those states that maintain central marriage registration files and meet certain minimum

standards for completeness and accuracy of reporting.4


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II. MARRIAGE REGiSTRATION SYSTEM - CONTINUEDMARRIAGE LICENSE FORMSThe State Registrar prescribes and provides forms for the issuance of five types of marriagelicenses (FC Section 355 and H&SC Section 102200), as well as the Affidavit to Amend aMarriage Record (VS 24C). The power of attorney form used for marriages entered intopursuant to FC Section 420(b) is also prescribed by the State Registrar; however, eachcounty is responsible for maintaining the form in their office and distributing them to the pUblicas needed... The "License and Certificate of Marriage" (VS 117) is the standard public marriagelicense (FC Section 359)... The "Confidential License and Certificate of Marriage" (VS 123) may be used by

those persons 18 years of age or older who have been living together as spouses(FC Section 500).'" The "License and Certificate of Marriage fo r Denominations Not Having Clergy"

(VS 115) is used by persons who, due to religious beliefs, are entering into a marriagewithout the participation of a minister, priest, rabbi, lay leader, or other person authorizedto solemnize marriages (FC Section 307).

" The "License and Certificate of Declaration of Marriage" (VS 116) is used by thosepersons who wish to declare an already existing licensed California marriage for which noofficial record exists, and more than one year has passed since the date of the marriage(FC Section 425).

.. The "Court Order Delayed Certificate of Marriage" (VS 122) is required under any ofthe following situations:1. When a marriage was performed without benefit of a license or the license wasexpired (All County Letter (ACL) 98-09) and the couple are unwilling to sign andacknowledge on the marriage license that they are not married and/or they do notagree to participate in a second ceremony.2. When the requirements of a License and Certificate of Declaration of Marriage (VS116) cannotbe met because the marriage occurred less than one year ago, the couplecannot provide two witnesses who were present at the ceremony; or there is only one

spouse available to apply.3. To record a marriage which occurred in another state or country where the record nolonger exists, e.g., was destroyed or lost (H&SC Section 103450).

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II. MARRIAGE REGISTRATION SYSTEM = CONTINUEDMARRIAGE LICENSE FORMS CONTINUEDAffidavit to Amend a Marriage Record (VS 24C)@ The "Affidavit to Amend a Marriage Record" (VS 24C) is used by those persons whoneed to correct information erroneously listed on the original marriage certificate. Onceregistered, the VS 24C becomes a part of the original record and is included as asubsequent page to the original marriage certificate when certified copies are made(H&SC Sections 102140 and 103255).Power of Attorney fo r Military Marriages

. .co The "Power of Attorney" form may only be used when a member'of the United StatesArmed Forces is stationed overseas and serving in a conflict or a war and is unable topersonally appear for the licensure and SOlemnization of his/her marriage. The marriagemay be entered into by the appearance of an attorney-in-fact, commissioned andempowered in writing for that purpose through a power of attorney. The original power ofattorney must be signed by the party stationed overseas and acknowledged by a notarypublic or witnessed by two officers of the United States Armed Forces. The power ofattorney shall state the full given names at birth, or by court order, of the parties to bemarried, and that the power of attorney is solely for the purpose of authorizing theattorney-in-fact to obtain a marriage license on the person's behalf and participate in thesolemnization of the marriage. The original power of attorney shall be a part of themarriage certificate upon registration and is included as a subsequent page to the originalmarriage certificate when certified copies are issued (FC Section 420). Reference ACL05-04.The Power of Attorney for Military Marriages is located on page 69 of this handbook.NOTE: A public marriage license is the only license that can be issued when anapplication using the Power of Attorney form is submitted. A confidential or non-clergymarriage license may not be issued using the' Power of Attorney form.Electronically Generated Forms$ Electronically generated forms: Prior to producing electronically generated marriageforms, each county must first receive approval from CDPH-VR.

Those counties that have not received CDPH-VR approval to electronically generatemarriage forms must use the paper marriage forms CDPH-VR proVides to each CountyClerk.

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III. SPECIFIC RESPONSIBILITiESCOUNTY CLERKThe County Clerk, or other local official legally authorized to issue marriage licenses, shouldensure the following steps are followed:'" Determine which marriage license to issue, the VS 115, VS 116, VS 117, or VS 123... Receive the application for a marriage license and review the application forcompleteness, accuracy, and compliance with the marriage laws of the State of California.OJ Identify the parties to the marriage as required in FC Section 354 and prepare themarriage license.G Collect the required fees.e Obtain the necessary signatures and issue the marriage license.e Provide the parties with the booklet entitled "Your Future Together" as required in

FC Section 358... Provide the parties with a list of family planning and birth control clinics prepared by theCounty Health Officer pursuant to H&SC Section 101050 and distributed to the couplepursuant to GC Section 26808." Provide information to the parties to present to the marriage off iciant along with the

marriage license (see Sample Letter to Marriage Officiant for Public Marriage License).The County Clerk is also responsible for maintaining a permanent record of all confidentialmarriages (FC Section 511). Therefore, after the ceremony the confidential marriage licensemust be returned to the County Clerk for registration.Prior to registering the confidential marriage license, the County Clerk should review thelicense to ensure that the date and place of marriage and the marriage officiant information iscomplete... If the license is not acceptable, the couple and/or the person who performed theceremony should be contacted regarding the problem and how it may be corrected,

e.g., duplicate, declaration, or court order... If the license is acceptable, assign a local registration number, sign in Item 29B andregister the marriage license.

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HI. SPECIFIC RESPONSIBILITiES - CONTINUEDCOUNTY CLERK - CONTINUEDIl) Maintain the original confidential marriage certificate as a permanent record, which shallnot be open to public inspection except upon court order (FC Section 511 (a)).., Forward, not less than quarterly, copies of all confidential marriage certificates to theState Registrar (FC Section 511 (d))... If the confidential marriage license is lost, damaged or destroyed after the performance

of the ceremony and before registration, or i t is deemed to be unacceptable fo rregistration by the County Clerk, the person solemnizing the marriage shall obtain aduplicate marriage license by filing an affidavit setting forth the facts with the CountyClerk in the county where the license was issued (FC Section 510(a)).

.. The County Clerk may charge a fee to cover the actual costs of issuing a duplicatemarriage license (FC Section 510(c)).

.. The duplicate license may not be issued more than one year after issuance of theoriginal license and shall be returned by the person solemnizing the marriage to theCounty Clerk within one year of the issuance date shown on the original marriagelicense (Fe Section 510(b)).

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ill. SPECIFIC RESPONSIBILITIES = CONTINUEDMARRIAGE OFFICIANTThe laws of the State of California do not require persons performing marriages to filecredentials with the State, County Clerk, or other governmental entity. (The State Registrar,County Clerk, or County Recorder, do not have responsibility for verification of credentials.)The state does not maintain a central registry of members of the clergy.NOTE: Ships' captains have no authority to solemnize California marriages unless they fallinto one of the categories below.In accordance with FC Section 400, persons authorized to solemnize marriages must be18 years of age or older, and include any of the following:

.. Priest, minister, rabbi, or authorized person of any religious denomination authorized byhis/her denomination to solemnize marriages.In California, it is the ordination or investment by the denomination that gives each clergymember the authority to perform the marriage rite. FC Section 359 requires the personsolemnizing a marriage to endorse upon the license, the specific denomination that giveshirn/her the authority to solemnize marriages.NOTE: Out-of-state or out-of-country priests, ministers, or clergy persons may performmarriages in California if they are ordained or invested by a denomination. Captains andMajors of the Salvation Army are also permitted to perform marriages in California. Overthe years, Native American religions have been recognized as a "denomination." Areligious leader, Shaman, and/or Medicine Man is authorized to perform marriages.

.. Legislator or constitutional officer of this state, or a Member of Congress who representsa district within this state, while holding office; elected members of the CaliforniaAssembly or Senate; a member of Congress (California Representative); Governor;Lieutenant Governor; Attorney General; Controller; Insurance Commissioner; Secretary ofState; Superintendent of Public Instruction; Treasurer; and Members of the State Board ofEqualization. . . 'Commissioner or retired commissioner of civil marriages. Deputy Commissioners areauthorized to perform marriages (FC Section 401), and may do so in any Californiacounty (ACL 97-08).

.. Judge or retired judge of a California State court; commissioner, retired commissioner, orassistant commissioner of a court of record of this state.NOTE: State Bar court judges, judges from other state court systems, and judges protem are not eligible to perform marriages in California.

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HI. SPECIFIC RESPONSIBILITIES - CONTINUEDMARRIAGE OFFICIANT CONTINUED" Current federal judge or magistrate or federal judge or magistrate who has resigned fromoffice.

NOTE: Federal Administrative Law Judges are not eligible to perform marriages inCalifornia.


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m. SPECIFIC RESPONSIBILITIES - CONTINUEDMARRIAGE OFFICIANT - CONTINUED$ Obtain complete address(es), printed name(s) and signature(s) of witness(es) on themarriage license, as required by law. The address of the witness may be a residenceaddress, business address, or a United States (U.S.) Post Off ice (P.O.) Box

(FC Sections 351.5 and 351.6)... Return the completed original marriage license to the County Recorder in the county inwhich the l icense was issued (at the address shown in Item 25G on the front of thelicense), within ten days of the marriage ceremony (FC Section 423).

NOTE: Confidential marriage licenses are to be returned to the County Clerk forregistration.G Cooperate with local or state officials by replying promptly to their queries concerning anyentry on the marriage license.

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Ill. SPECIFIC RESPONSIBILITIES - CONTINUEDCOUNTY RECORDER

Upon return of a public, non-clergy, or declared marriage license, check for completeentries... If the license is not acceptable for registration, contact the couple and/or the person whoperformed the ceremony. Inform them of the problem and how it may be corrected,e.g., amendrnent, duplicate, declaration, or court order... If the license is acceptable for registration, assign a local registration number, sign andregister the rnarriage license... Forw.ard not less than quarterly all original marriage certificatesaccepted for registration

to CDPH-VR (H&SC Section 102355). Retain a copy of the original document for localrecords... Cooperate with the State Registrar by replying promptly to any queries concerning anyentry on the forms... Sixty-Day Letters - At periodic intervals, the County Clerk shall transmit to the CountyRecorder's Office a list or copy of public marriage licenses issued. Not later than 60 daysafter the date of issuance, the County Recorder shall notify license holders whosemarriage license has not been returned of that fact and remind them that the marriagelicense will automatically expire on the date shown on its face. The County Recordershall also notify license holders of the obligation of the person solemnizing their marriage

to return the license to the Recorder's Office within ten days after the ceremony(FC Section 357). A sample letter is on page 67 of this handbook. The list or copy maythen be destroyed.

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Ill. SPECIFIC RESPONSIBILITIES - CONTINUEDSTATE REGISTRAR" Query incomplete or inconsistent information." Maintain files for permanent reference." Develop statistics for use in planning, evaluating, administering state and local use, andresearch studies... Compile California statistics for use by the health department and other agencies andgroups interested in the fields of medical science, public health, demography, and socialwelfare... Send copies of records or data derived from the records to the National Center for HealthStatistics... Maintain marriage license sold tables. Information can be obtained at the following site:http://www.cdph.ca.gov/data/statistics/Pages/OH1RMarriageData.aspx.

NATIONAL CENTER FOR HEALTH STATISTICS.. Prepare and publish national statistics of marriages and divorces... Conduct health and social research studies based on marriage records and on surveys

linked to records." Conduct research and methodological studies in marriage and divorce statistical methodsincluding the technical, administrative, and legal aspects of marriage record registrationand administration... Maintain a continuing technical assistance program to in:'prove the quality and usefulness

of marriage statistics.

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IV. CALIFORNIA MARRIAGE REQUIREMENTSPURCHASING A MARRIAGE LICENSEApplicants for a marriage license must be unmarried (FC Section 301). A marriage licenseshall not be issued if:a. The parties are already married to each other or anyone else, unless they have ajudgment of dissolution or annulment.

NOTE: Regardless of where the parties are married, they remain married until themarriage is ended by death, judgment of dissolution, or judgment of nullity(FC Section 310).b. The parties' dissolution is not yet final, even if i t will be final before the wedding date(FC Section 2340).

NOTE: Previously married parties are still married until the final date of dissolution;specifically, they are free to marry at 12:01 a.m. on the final date shown on thejudgment face sheet. Therefore, a marriage license cannot be issued until on or afterthat date.c. The parties are married and plan to repeat their vows.d. The parties were married outside of California (FC Section 308).

NOTE: If there is a question whether a marriage is valid or legal, the superior courthas jurisdiction over all proceedings pursuant to FC Section 200.The applicants for a marriage license must be at least 18 years of age to marry in California(Fe Section 301).a. Persons under the age of 18 years must file the written COnsent of their parent(s) orlegal guardianwith the clerk of the court and apply to the clerk of the court for judicialapproval to marry (FC Section 302). If there is no parent capable of consenting,thecourt may act in both capacities and make an order consenting to the issuance of amarriage license and granting permission for the minor to marry (FC Section 303). Inall instances, a certified copy of the court order granting permission to marry must bepresented to the County Clerk at the time the marriage license is issued. There is nolegal requirement that the County Clerk retain the certified copy of the court order.b. Minors may not be issued a confidential marriage license under any circumstances(FC Section 500).c. If the applicant is in a State Registered Domestic Partnership (SRDP) he/she maynot enter into a marriage with someone other than their registered domestic partnerunless the most recent domestic partnership has been terminated or a finaljudgment of dissolution or nullity has been entered, or the domestic partnershipterminated due to death of one of the domestic partners (FC Section 298.S(c)).

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IV. CALIFORNIA MARRIAGE REQUIREMENTS = CONTINUEDPURCHASING A MARRIAGE LICENSE CONTINUEDAll persons to be married must purchase a license (FC Section 359). A license may not beissued if either of the applicants lacks the capacity to enter into a valid marriage, or wheneither of the parties is under the influence of an intoxicating liquor or narcotic drug at the timeof application (FC Section 352).If the parties' last names are the same, an inquiry must be made to determine anyrelationship.NOTE: California statutes do not prohibit first cousins from marrying (FC Section 2200 andACL 91-31).

All items on California marriage licenses must be completed (H&SC Sections 102130,103775, and 103780). Refusal orfailure to provide complete information will result in alicense not being issued.If all of the licensing requirements have been met, a marriage license is issued immediatelyand expires 90 days after the date of issuance as shown in Item 258 on the marriage license.The public marriage license can be used anywhere within California - except at sea, butmust be registered in the county in which it was issued.The Confidential License and Certificate of Marriage must be used and registered in thecounty in which it was issued (FC Section 504).NOTE: Civil Code Section 4213(b) (the predecessor of FC Section 504) was amended byChapter 149 of the Statutes of 1984 to include the requirement that the confidential licensemay only be used in the county in which it was issued. Prior to 1985, the law was silent as towhere a confidential marriage license could be used; therefore, until that time, it is possible aconfidential license was issued in one county and used in another.There are no state residency requirements to obtain a marriage license in California.Therefore, if all other marriage license requirements are met, a license may be issuedregardless of the parties' current residence, e.g., county, state, or country.NOTE: The License and Certificate of Declaration of Marriage must be purchased in thecounty of residence (FC Section 425)."Proxy" marriages are not legally valid in California. With the exception of a marriageperformed pursuant to FC Section 420(b), the parties must declare in the physical presenceof the person solemnizing the marriage and necessary witness(es) that they take each otheras spouses (FC Section 420).

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IV. CAUFORNIAMARRIAGE REQUIREMENTS - CONTINUED

PURCHASING A MARRIAGE LICENSE - CONTINUEDThere is no age restriction for witnesses who sign the marriage certificate (Evidence CodeSection 700). However, CDPH-VR recommends that witnesses be old enough to understandthey are witnessing a marriage, and be able to sign their names as witnesses on themarriage license.

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IV. CAliFORNIAMARRIAGE REQUIREMENTS = CONTINUED

APPEARANCE AND IDENTIFICATIONExcept as provided in FC Sections 420(b), 426, or 502, both parties must appear in persontogether at the County Clerk's Office with appropriate identification, including proof of age(FC Section 359).NOTE: If the marriage is to be entered into pursuant to FC Section 420(b), Power ofAttorney - Consent, the attorney-in-fact must personally appear at the County Clerk's Officewith the party who is not stationed overseas, and present the original power of attorney(faxed copies are not acceptable) duly signed by the party stationed overseas andacknowledged by a notary public or witnessed by two officers of the United States ArmedForces. The power of attorney form shall state the full given names at birth, or by courtorder, of the parties to be married, and that the power of attorney is solely for the purpose ofauthorizing the a t t o r n e y - i n - f a ~ t to obtain a marriage license 'on the person's behalf andparticipate in the solemnization of the marriage. The original power of attorney shall be apart of the marriage certificate upon registration (FC Section 420(b)). The Power of Attorneyfor Military Marriage form is located on page 69 of this handbook.PROCEDURE WHEN EITHER APPLICANT CANNOT PHYSICALLY APPEAR IN PERSONTO APPLY FOR A MARRIAGE LICENSEIf, fo r acceptable reason, either or both of the parties to be married are physically unable toappear in person before the County Clerk, a marriage license may be issued by the CountyClerk to the person solemnizing the marriage.NOTE: Acceptable reason includes proof of hospitalization, incarceration, or any otherreason proved to the satisfaction of the County Clerk (FC Section 426(d) or 502).A marriage license may be issued by the County Clerk to the person solemnizing themarriage if the following requirements are met:a. The person solemnizing the marriage physically presents an affidavit to the CountyClerk explaining the reason for the inability to appear.b. The affidavit is signed under penalty of perjury by the person solemnizing the marriageand by both parties.

c. The signature of any party to be married who is unable to appear in person before theCounty Clerk is authenticated by a notary public or a court prior to the County Clerkissuing the marriage license.After payment of the required fees, the County Clerk will issue the marriage license to theperson solemnizing the marriage. The person solemnizing the marriage shall obtain thesignature of the party(ies) who is/are unable to physically appear.The Affidavit of Inability to Appear form is located on page 70 of this handbook.

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[v. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUEDREQUIRED IDENTIFICATIONBoth parties to the marriage must present authentic photo identification acceptable to theCounty Clerk as to their name and date of birth (FC Section 354). If the marriage is to beentered into pursuant to FC Section 420(b), the attorney-in-fact is required to presentauthentic photo identification acceptable to the County Clerk.AUTHENTIC IDENTIFICATION IS DEFINED AS: Genuine, not false or copied, real, havingthe origin supported by unquestionable evidence, verified. The following forms ofidentification are examples of documents which will generally meet both the photo and birthdate requirement:

Photograph and Birth Date:.. Driver's License.II> State Identification Card.

NOTE: In California, this card is issued by the Department of Motor Vehicles.Identification cards issued by other states may be issued by an agency ordepartment other than their Department of Motor Vehicles... Military Service or Military Dependent Identification Card.to Naturalization Certificate.$ Passport. Alien Registration Card (Form 1-551).

NOTE: Form 1-551 was previously referred to as a "Green Card.".. Identification Card issued by the U.S. Government or another country.

If a form of identification which includes both a photograph and birth date is not available, theuse of two other identification documents may be necessary to prove identity and age (onewith a photograph and one with a birth date). Some examples of these types of documentsare:

Photograph: School Identification Card.

Employee Identification Card.

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IV. CALIFORNIA MARRIAGE REQUIREMENTS = CONTINUED

REQUIRED IDENTIFICATION - CONTINUEDBirth Date:.. Certified Copy of a Birth Certificate." Baptismal Certificate. Adoption Records.

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IV. CAUFORNIA MARRIAGE REQUIREMENTS - CONTINUEDCREDIBLE WITNESS AFFIDAVITWhen the marriage applicant no appropriate identification, a credible witness affidavitor affidavits may be used in lieu of authentic photo identification (FC Section 354(a)). Thecredible witness must be of legal age (at least 18 years old), of sound mind, and must knowthe person. It is up to the County Clerk's discretion whether a credible witness affidavit isacceptable. The County Clerk may take into consideration how long the person has knownthe applicant. The credible witness must appear in person at the County Clerk's Office withthe applicant at the time the marriage license is issued.The lists of acceptable identification documents that were previously provided are notall-inclusive. Other forms of acceptable identification may be presented. Conversely,presentation of some of the previous forms of identification does not guarantee proofofidentity and/or age since the documents may be fraudulent (altered) or may have beenobtained with other false documentation. The decision as to whether or not to accept theidentification presented is ultimately the County Clerk's responsibility, since he/she must besatisfied as to the accuracy of the facts stated prior to issuance of a license to marry.Therefore, if the County Clerk is not satisfied with the identification presented, he/she hasthe authority to deny the issuance of a marriage license until the party(ies) is/are able topresent authentic identification that meets the legal requirements and is satisfactory to theCounty Clerk.All names on vital statistics documents must be the full, legal name, i.e., name acquired bybirth, adoption, court-ordered name change, or by naturalization. If the County Clerk is notsatisfied that the form of identification presented includes the full, legal name, other proof ofidentity, such as a court-ordered name change document, may be required.NOTE: Any identification presented in a language other than English may need to beindependently verified.

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IV. CALIFORNIA MARRiAGE REQUIREMENTS CONTINUEDMARRIAGE LICENSE APPliCATIONThe parties to the marriage must complete an application for marriage license. A sampleapplication form is on page 72 of this handbook.NOTE: A notary authorized to issue confidential marriage licenses should also have theparties to the marriage complete an application for marriage license. The parties should signthe application in front of the notarywho should retain it for possible review by the CountyClerk.The identification of each party should be verified to confirm that both parties are 18 years ofage or older. If either applicant is under 18 years ofage, the couple should be referred to theclerk of the court for the process of obtaining a court order granting permission for theunderage person(s) to be married. Once court approval has been obtained, the couple shallpresent a certified copy of the court order to the County Clerk at the time the marriage licenseis issued (FC Section 302).There is no statutory requirement that the County Clerk retain a copy of the court order.Emancipated minors are not exempt from the above requirements; however, when a minorhas no parent/guardian capable of consenting, FC Section 303 provides that the court ordermay include both consent and the authorization for the issuance of a marriage license.NOTE: The Emancipation of Minors Act allows emancipated minors to enter into contractsgenerally. However, marriage contracts differ from other contractual relations in that the FCrequires parental and court consent. California law (58 Cal.Jur.3d, Statutes, Section 109)provides that a specific statute dealing expressly with a particular subject takes control andprecedence over a conflicting general statute on the same subject.Type the license from the marriage license application information, entering all of the parties'personal data. Do not leave any of the required boxes blank.Present the completed license to the applicants for verification of information. If any errors,correct and reprint.No alterations, erasures, strike overs, whiteouts, or other types of alterations can be made onthe form (H&SC 102140). The license and certificate of marriage is a legal document, whichmust be able to hold up in court, uncharIenged as to its accuracy and reliability.NOTE: Failure to follow the above instructions will result in delay in the registration of thecertificate, and possibly an additional charge for a duplicate license.

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IV. CALIFORNIA MARRIAGE REQUIREMENTS = CONTINUEDMARRIAGE LICENSE APPLICATION - CONTiNUEDApplicants acknowledge the facts in the Affidavit Section on the license and sign themarriage license using their normal customary signature. For marriages that are enteredinto pursuant to FC Section 420 (b), the attorney-in-fact (AIF) must sign the marriage licenseon behalf of the party who is overseas. For example, John or Jane Smith, by: JosephBrown, AIF. Only the public marriage license (VS 117) may be issued using the power ofattorney.The Deputy County Clerk signs the original as the issuing authority.Give verbal instructions that the license must be used within 90 days of issuance and that thepublic marriage license must be returned to the Recorder's Office by the person solemnizingthe marriage within ten days of the marriage. Sample letters to the parties are located onpages 76 and 78 of this handbook.Provide the license to the couple along with the instructions for the person solemnizing themarriage. Advise the couple that the license is to be given to the person officiating at thewedding ceremony.

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IV. CALIFORNIA MARRIAGE REQUIREMENTS CONTINUEDCOMPLETING THE MARRIAGE LICENSEInstructions for completing the public and confidential marriage licenses (VS 117, VS 115,VS 116, and VS 123) apply to all licenses unless otherwise noted.ll) Complete each item, following the specific instructions for each item... Permanent ink must be used. Certificates must be photographically and micrographicallyreproducible (H&SC Section 102130)... Entries must be alphabetical characters of the English language with appropriatepunctuation, s.uch as: "Smith-Jones" or "O'Hare," and may not contain diacritical marks(California State Constitution, Article 3, Section 6)... A marriage license will not be accepted if it has been altered with strike overs, erasures,correction tape orfluid, etc., (H&SC Section 102140)... All entries must remain within the item boxes and not on or across the lines.'" Avoid abbreviations except those recommended in the specific item instructions... No extraneous entries allowed, e.g., the name of translator for the marriage ceremony, orother notations... Upon registration, a power of attorney entered into pursuant to Fe Section 420(b) must be

filed with and become a part of the original marriage certificate. However, the power ofattorney form does not need to be indexed... Because a power of attorney form may become lost or destroyed prior to the recording of

themarriage license, it is recommended that the CountyClerk/Recorder retain the originaland provide a plain copy to the couple with the marriage license. If the power of attorneydoes become lost or destroyed prior to the registrationand recording, a new power ofattorney with original signatures must be obtained.

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iV. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUEDFIRST PERSON/SECOND PERSON DATA ITEMSThe personal data items for parties to the marriage are listed as they appear on the marriagelicense.GROOM/BRIDE BOXES (Optional)The parties to the marriage may check the Groom and/or Bride boxes contained on themarriage license. These boxes are optional and are not gender specific. Each applicantshould notify the County Clerk at the time they apply for their marriage license how theywould like to be identified. Ifthe applicant does not wish to check a box, the box shouldremain blank. These boxes may no t be amended.1Af12A:

1B/12B:

1C/12C:

1D/120:

FIRST NAMEEnter the first name. No nicknames or abbreviations.NOTE: If the individual has only one legal name, e.g., Cher, enter a dash in thefirst and middle name fields and the name in the current last name field.MIDDLE

Enter the middle name. No initials unless the initial is the complete middlename. No abbreviations. If no middle name, enter a single dash. Do not enter"NMI" or "NA" (not applicable).CURRENT LASTEnter the current last name. This name may be any name the party is currentlyusing, including a name from a previous marriage or step-parent's name. If theindividual has only one legal name, e.g., Cher, enter that name in this Item.Reference page 73 of this handbook for additional information.LAST NAME AT BIRTH (IF DIFFERENT THAN 1C/12C)Enter the last name at birth if different than the name entered in Item 1C/12C.Enter a single dash if the name is the same as listed in Item 1C/12C (CurrentLast Name).This field should contain the individual's last name by birth, adoption,naturalization, or court-ordered name change.Entries of Jr., Sr., II, etc., following the last name are acceptable. Hyphenatednames are acceptable. Roman numerals are also acceptable when used inconjunction with a name consisting of alphabetic characters, e.g., GeorgeHamilton IV. Arabic numerals or Roman numerals alone, e.g., 4, IV, are notacceptable.

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IV. CALIFORNIA MARRIAGE REQUiREMENTS CONTINUEDFIRST PERSON/SECOND PERSON DATA ITEMS - CONTINUED

More than one name may be entered in each of the name fields (Items 1A/12Athrough 1C/12C), space permitting. However, multiple names in one name fieldmay not be stacked one above the other. Only one line may be utilized. Ifadditional space is required for multiple names, an Affidavit to Amend aMarriage Record (VS 24C) will be required.For names that are too long to fit inside the name field, enter as manycharacters that will fit and then add the remaining characters with an Affidavit toAmend a Marriage Record (VS 24C).NOTE: An AKA (Also Known As) may not be included on any marriagelicense. If the individual wants the record to reflect additional names, anAffidavit to Amend a Marriage Record (VS 24C) is required.

2/13: DATE OF BIRTH - (MM/DD/CCVY)Enter the applicant's month, day, and year of birth. Enter the date in numeralsonly. Use two digits for the month, such as 01 for January. Use two digits forthe day, such as 09 for the ninth day of the month. Use four digits for thecentury and year, such as 1990. Separate each element with a slash to makethe entry appear such as 01/09/1990. Do not use dashes to separate dataelements.

3/14: STATE/COUNTRYOF BIRTHEnter the birthplace. Use the standard two-character state abbreviation. Spellout or use an appropriate abbreviation for a foreign country (refer to page 80 ofthis handbook). If it is known that the applicant was born in a foreign country oron the high seas, but the name of the country is unknown, enter "Foreign, Unk."If i t is known that the applicant was born in the U.S.A., but the state is unknown,enter "U.S.A., Unk." If no information is available, enter "Unknown."

4/15: NUMBER OF PREVIOUS MARRIAGES/SRDPEnter a numeral to indicate the number of times the applicants have beenpreviously married or in a State Registered Domestic Partnership (SRDP). Ifnever married, a zero ("0") must be entered.If the parties are currently in a SRDP with each other and are now applying fora marriage license, they should enter zero (0), unless they were in a previousSRDP or marriage with someone other than their current partner.

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IV. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUEDFIRST PERSON/SECOND PERSON DATA ITEMS - CONTINUED

NOTE: The applicant may not enter into a marriage with someone other thantheir registered domestic partner unless the most recent domestic partnershiphas been terminated or a final judgment of dissolution or nullity has beenentered, or the domestic partnership terminated due to death of one of thedomestic partners (Fe Section 298.5(c)).5A/16A:

5B/1.68:

LAST MARRIAGE/SRDP ENDED BYEnter an "X" in the appropriate box: Death, Dissolution, Annulment, TerminatedSRDP, or N/A. If the applicant was not previously married, check N/A.NOTE: If dissolution was final within the past 90 days, it is recommended thatyou verify the date by having the applicant provide a copy of their finaljudgment. The date of the final judgment must be prior to or on the same daythe license is issued. A divorce is considered final at 0001 hours (12:01 a.m.)on the effective day.If the parties are currently in a SRDP with each other and are now applying fora marriage license, they should check the N/A box, unless they were in aprevious SRDP or marriage with someone other than their current partner.DATE ENDED (MMfDD/CCYY)Enter the month, day, and year the last marriage/SRDP ended (the final date ofthe decree or the date of death of spouse). Enter the date in numerals only.Use two digits for the month, such as 01 for January. Use two digits for theday, such as 09 for the ninth day of the month. Use four digits for the centuryand year, such as 2007. Separate each element with a slash to make the entryappear such as 01/09/2007. Do not use dashes to separate data elements. Amonth and year only may be entered, with dashes in the space where the day.would have been entered, e.g., "01/--/2001," provided the month is prior to thecurrent month but within the same calendar year. The year only may beentered with dashes in the spaces where the month and day would have beenentered, e.g., "--/--/2007," if the marriage was terminated prior to the currentcalendar year. However, if the previous marriage ended within the samecalendar month and year as the date on which this license is being issued, thecomplete date (month, day, century, and year) must be entered. If the applicanthas never been married, enter a single dash ("-") fo r not applicable. If date isunknown, estimate year.

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IV. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUEDFIRST PERSON/SECOND PERSON DATA ITEMS - CONTINUED6/17: ADDRESS

Enter the full street or rural address where the applicant usually resides. If theplace where the applicant usually resides has no number or street address,enter a physical description of a location, e.g., "four miles south of SutterCreek." Applicants may use a business address, U.S. P.O. Box, or temporaryresidence being used during a visit or while on vacation. If either of theapplicants provides one of these optional addresses, their signature on themarriage license implies their intent to do so. For applicants in college or thearmed forces, enter the college or armed forces residence address. 00 NOTENTER "APO" OR "FPO." Reference FC Sections 351.5 and 351.6.NOTE: If the applicant "lives" in an institution, e.g., prison, enter the address ofthe individual's usual and customary permanent residence (e.g., the placewhere he/she lived prior to being institutionalized). Institutions are notconsidered permanent residences. Do not leave this Item blank.

7/18: CITYEnter the name of the city corresponding to Items 6/17. If using a residenceaddress where the address is outside the city limits, enter the name of the town,community, or nearest city within the county of residence. Do not leave thisItem blank.

8/19: STATE/COUNTRYEnter the state corresponding to Items 7/18 (if outside the U.S., enter theCountry). Use the standard two-character state abbreviation (see StandardState AbbreViations). Spell out or use an appropriate abbreviation for a foreigncountry. Do not leave this Item blank.

9/20: ZIP CODEEnter the five- or nine-digit U.S. ZIP Code of the applicant's residence location.Enter a dash if the Zip Code is not in the U.S. The ZIP Code entry must be aminimum of five digits with no punctuation, but an entry of nine digits isacceptable. Do not leave this Item blank.

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IV. CAliFORNIAMARRIAGE REQUIREMENTS CONTiNUEDFIRST PERSON/SECOND PERSON DATA ITEMS - CONTINUEDiOAl21A:

10B/21B:

11A122A:

118/22B:

FULL BIRTH NAME OF FATHER/PARENTEnter the full birth name of the applicant's father/parent. Entries of Jr., Sr., II,etc., following the last name are acceptable. Hyphenated names areacceptable and the name may be different than the applicant's. "Unknown" isacceptable, if applicable. A dash is also acceptable for a father/parent's fullname if there is no father/parent listed on the applkant's birth certificate.NOTE: Entries for parents' names are to reflect parents by birth or adoption.Only if the step-parent legally adopted the individual is the step-parent's nameto be entered. The middle initial may be used when space provided is notadequate for full name to be spelled out.STATE OF BIRTH (IF OUTSIDE U.S. ENTER COUNTRY)Enter the birthplace of the applicant's father/parent. Use the standard twocharacter state abbreviation. Spell out or use an appropriate abbreviation for aforeign country (see Standard State Abbreviations). If it is known that thefather/parent was born on the high seas or in a foreign country, but the name ofthe country is unknown, enter "Foreign, Unknown." If it is known that thefather/parent was born in the U.S.A., but the state is unknown, enter "U.S.A.,Unknown." If no information is available, enter "Unknown."FULL BIRTH NAME OF MOTHER/PARENTEnter the full birth name of the applicant's mother/parent. This should be thebirth name, prior to any marriage, not a name acquired by marriage."Unknown" is an acceptable entry, if appropriate. Hyphenated names areacceptable.NOTE: Entries for parents' names are to reflect parent by birth or adoption.Only if the step-parent legally adopted the individual is the step-parent's nameto be entered. The middle initial may be entered when space provided is notadequate for full name to be spelled out.STATE OF BIRTH (IF OUTSIDE U.S. ENTER COUNTRY)Enter the birthplace of the applicant's mother/parent. Use the standard twocharacter state abbreviation. Spell out or use an appropriate abbreviation for aforeign country (see Standard State Abbreviations). If it is known that themother/parent was born on the high seas or in a foreign country, but the nameof the country is unknown, enter "Foreign, Unknown." If i t is known that themother/parent was born in the U.S.A., but the state is unknown, enter "U.S.A.,Unknown." If no information is available, enter "Unknown."

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iV. CALIFORNIA MARRIAGE REQUiREMENTS = CONTINUEDAFFIDAVIT

Both parties must declare under penalty of perjury that the facts of the marriagelicense are true and correct, there is no legal objection to the marriage, and theyacknowledge receipt of the brochure as listed in Fe Section 358. Therefore, it isimportant that they at least read the affidavit prior to signing the license. There is nolegal requirement that the couple raise their right hand and read aloud the statement,however, some counties may require this.23: SIGNATURE OF PERSON LISTED IN FIELDS 1A-1D

The person listed in fields 1A-1 D must sign his/her normal or usual signature inItem 23 with permanent ink. Instruct the person to enter his/her "usual andcustomary" signature, which may not necessarily agree with the legal nameentered in the name fields.NOTE: The signature of the person listed in fields 1A-1D on the marriagelicense also acknowledges receipt of the State Department of Public Health'sbrochure "Your Future Together." It is no longer necessary for the couple tosign a separate receipt for this brochure.

24: SIGNATURE OF PERSON LISTED IN FIELDS 12A-12DThe person listed in fields 12A-12D must sign his/her normal or usual signaturein Item 24 with permanent ink. Instruct the person to enter his/her "usual andcustomary" signature, which may not necessarily agree with the legal nameentered in the name fields.NOTE: The signature of the person listed in fields 12A-12D on the marriagelicense also acknowledges receipt of the State Department of Public Health'sbrochure "Your Future Together." It is no longer necessary for the couple tosign a separate receipt of this brochure.

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IV. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUEDAFFIDAVIT CONTINUED

Signatures that are made with a mark (X): Any signature made with a mark(X) must be identified with the statement, "His mark," or "Her mark," andfollowed by the written signature of one person who witnessed the signing. Theofficial issuing the license may sign as the witness. The typed name of thewitness must be included (GC Section 16).Example:

23. SIGNATURE OF PERSON LISTED IN FIELDS 1A-1D "X" "His/Her Mark" WITNESS: JOHN/JANE DOE S ~ V L U L t U V 0

Attorney-in-fact signatures: The attorney-in-fact must sign on behalf of theparty who is stationed overseas.Example:

24. SIGNATURE OF PERSON LISTED IN FIELDS 12A-12D John or Jane Smith, by: Joseph Brown, A/F

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IV. CALIFORNIA MARRIAGE REQUIREMENTS = CONTINUEDLICENSE TO MARRY25A: ISSUE DATE - (MMfDDfCCYY)

The County Clerk or other local official legally authorized to issue marriagelicenses enters the month, day, and year that the marriage license is issued.Enter the date in numerals only. Use two digits for the month, such as 01 forJanuary. Use two digits for the day, such as 09 for the ninth day of the month.Use four digits for the century and year, such as 2008. Separate each elementwith a slash to make the entry appear such as 01/09/2008. Do not use dashesto separate data elements.

258: EXPIRES AFTER - (MMIDDfCCYY)The date the marriage license expires should be entered in Item 258. The entryshould be in numerals only format. Use two digits for the month, such as 04 forApril . Use two digits for the day, such as 08 for the eight day of the month. Usefour digits for the century and year, such as 2008. Separate each element witha slash to make the entry appear such as 04/08/2008. Do not use dashes toseparate data elements.

25C: NAME OF COUNTY CLERKEnter the name of the County Clerk of the county where the license is issued.

250: SIGNATURE OF CLERK OR DEPUTY CLERKThe County Clerk or Deputy Clerk, whoever is issuing the marriage license,must enter their name in this box. The signature may be an original signature,facsimile stamp, or printed name. If the signature is not original, it must befollowed by the initials of the issuing clerk.NOTE: The County Clerk shall not affix the county seal (stamped or imprinted)to this document.

25E: MARRIAGE liCENSE NUMBERUsing the numbering system provided for in your county, enter the marriagelicense number in this box. Assign a unique number to ensure that the samenumber is not assigned to multiple licenses (Fe Section 357).

25F: COUNTY OF ISSUEEnter the name of the county where the license is issued. Do not useabbreviations or assigned county numbers in this field.

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IV. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUEDLICENSE TO MARRY - CONTINUED25G: RETURN COMPLETED MARRIAGE LICENSE TO (INCLUDE ADDRESS):

Enter the address of the County Recorder of the county where the license isissued.NOTE: For confidential licenses, insert the address of the County Clerk in thisbox.

WITNESSES TO CEREMONY26A-27C: There is no age restriction for witnesses (Evidence Code Section 700). Thewitnesses to the ceremony should sign their full name, print their name, and

enter their address, city, state of residence, and ZIP Code. A U.S. P.O. Boxnumber or business address may be used to complete the address information.If either of the witnesses provides a post office box number or businessaddress, their signature on the marriage license implies their intent to do so. Atleast one witness is required to be present and sign the marriage license (FCSection 359). Under no circumstances can more than two witnesses sign themarriage license. When using a VS 117, a second witness is optional. I f asecond witness is unavailable, enter dashes in Items 27 (A-C) on the VS 117.NOTE: For Non-Clergy (VS 115) and Declared (VS 116) licenses, twowitnesses are required (see Marriage Ceremony).

CERTIFICATION OF PERSON SOLEMNIZING MARRIAGE28A: DATE OF MARRIAGE (ITEM 27A ON THE CONFIDENTIAL LICENSE(VS 123) MMIDD/CCYY)

The marriage officiant enters the month, day, and year of the ceremony inItem 28A on the License and Certificate of Marriage (VS 117) and Item 27A onthe Confidential License and Certificate of Marriage (VS 123). This date mustbe on or after the issue date shown in Item 25A, and not later than theexpiration date shown in Item 25B. While the preferred entry for dates isMM/DD/CCYY, the certificate should not be rejected if completed using adifferent date format.

288: CITYITOWN OF MARRIAGE - (ITEM 278 ON THE CONFIDENTIAL LICENSE(VS 123))The marriage officiant enters the name of the city (do not list the name of alandmark, beach, etc.) where the event took place in Item 288 on the Licenseand Certif icate of Marriage (VS 117) and Item 278 on the Confidential Licenseand Certificate of Marriage (VS 123).

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IV. CALIFORNIA MARRIAGE REQUIREMENTS - CONTINUEDCERTIFICATION OF PERSON SOLEMNIZING MARRIAGE - CONTINUED

NOTE: This is a legal item that establishes whether the marriage wasperformed within an authorized geographical area. It is also used for statisticalanalysis of marriages by place of occurrence. Therefore, the entry of alandmark, monument, beach, woods, park, historic site, etc., is not statisticallyuseful and must be avoided. Rather, when the ceremony is conducted at aremote site, the officiant must enter the name of the city that would providepostal service if there was a home or business located at that place. Do notleave this item blank.

28C: COUNTY OF MARRIAGE - (ITEM 27C ON THE CONFIDENTIAL LICENSE(VS 123))The marriage officiant enters the name of the county where the event tookplace in Item 28C on the License and Certificate of Marriage (VS 117) and Item27C on the Confidential License and Certificate of Marriage (VS 123).

29A: SIGNATURE OF PERSON SOLEMNIZING MARRIAGE {ITEM 28A ON THECONFIDENTIAL LICENSE (VS 123))The marriage officiant must sign his/her full name in Item 29A on the Licenseand Certificate of Marriage (VS 117) and Item 28A on the ConfidentialLicense and Certificate of Marriage (VS 123).NOTE: Only one entry is allowed in this item. Do not leave this item blank.

29B: RELIGIOUS DENOMINATION (IF CLERGY) (ITEM 288 ON THECONFIDENTIAL LICENSE (VS 123))The marriage officiant must enter the denomination or the religious affiliation ofthe priest, minister, or rabbi. If the officiant is a judge, magistrate,commissioner of civil marriages, etc., enter a single dash (- ) or "N/A." Only oneentry may be entered in this item.NOTE: "Nondenominational" and "Interdenominational" may be entered asreligious denominations. Therefore, when a marriage ceremony is performedby a member of the clergy who presides over a Nondenominational orInterdenominational church, an entry of "Nondenominational" or"Interdenominational," or the abbreviated version, "Nondenom" or"Interdenom," is appropriate.

29C: NAME OF PERSON SOLEMNIZING MARRIAGE (TYPE OR PRINTCLEARLY) ( ITEM 28C ON THE CONFIDENTIAL LICENSE (VS 123))The printed, stamped, or typed name of the primary person performing theceremony is entered in this item.

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IV. CALIFORNIA MARRIAGE REQUIRE