As we continued our research into marriage laws we talked about California Marriage Laws last month and I wanted to delve more into proxy marriages that are allowed in California as of September 10, 2004.
SB 7 was passed as an urgency measure so when the Governor signed it on September 10, 2004 it took effect immediately. This law allowed proxy marriages under special circumstances – specifically for members of the armed forces who are stationed overseas or in war zones. The law allows a member of the armed forces to grant power of attorney to someone else to stand in for them during a wedding ceremony.
The documents allowing this must be witnessed by at least two military officers or by a notary. According to the law, the person with the power of attorney may appear in front of the county clerk in order to obtain the marriage license. According to the text of the law:
SEC. 4. Section 420 of the Family Code is amended to read:
420. (a) No particular form for the ceremony of marriage is required for solemnization of the marriage, but the parties shall declare, in the presence of the person solemnizing the marriage and necessary witnesses, that they take each other as husband and wife.
(b) Notwithstanding subdivision (a), a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage may enter into that marriage by the appearance of an attorney-in-fact, commissioned and empowered in writing for that purpose through a power of attorney. The attorney-in-fact must personally appear at the county clerk’s office with the party who is not stationed overseas, and present the original power of attorney duly signed by the party stationed overseas and acknowledged by a notary or witnessed by two officers of the United States Armed Forces. The power of attorney shall state the true legal names of the parties to be married, and that the power of attorney is solely for the purpose of authorizingg the attorney-in-fact to obtain a marriage license on the person’s behalf and participate in the solemnization of the marriage. The original power of attorney shall be a part of the marriage certificate upon registration.
(c) No contract of marriage, if otherwise duly made, shall be invalidated for want of conformity to the requirements of any religious sect.
SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that members of the Armed Forces of the United States have the ability to legally marry in the State of California while stationed overseas, it is necessary that this act take effect immediately.
Why would a couple want to enter into a marriage by proxy? Isn’t part of the purpose of the wedding ceremony to be a celebration of a couple’s love? Yes, but in this case, I can see the proxy marriage to someone serving overseas as a way of protecting the ones they leave behind. If a couple is married by proxy, the spouse is entitled to health benefits and in the event that something terrible happens and that spouse does not return home – their loved one is taken care of.
Also, a couple that enters into a marriage by proxy for security reasons such as those listed here, may host their own ceremony when the partner serving in the military in an overseas conflict returns home. It’s a good law and I can see the need for it – especially in these uncertain times. So hats off to California and their marriage by proxy measure.