Marriage in Hartwell County and Briarmont Township
BRM § 108 - Ordinance, Marriage
PEN § 11106.4
Marriages may be solemnized by several different officials, including but not limited to: priests, ministers, rabbis, and authorized persons of any religious denomination; judge or retired judge, magistrate, mayor, county clerk, current Members of Congress, California Constitutional Officers and State Legislators; and some local elected officials. Officiant must be at least 18 years old. The County Clerk is designated as a commissioner of civil marriages, and may appoint Deputy Commissioners of Civil Marriages/Commissioner of the Day who may solemnize marriages under the direction of the commissioner of civil marriages.
In addition a county may license officials of a nonprofit religious institution, whose articles of incorporation are registered with the Secretary of State, to solemnize the marriages of persons who are affiliated with or are members of the religious institution. The licensee shall possess the degree of doctor of philosophy and must perform religious services or rites for the institution on a regular basis. The marriages shall be performed without fee to the parties.
Getting Married within County Jail
Pursuant to Penal Code section 2601, all inmates have the right to marry. Since, the safety and security of inmates, custodial personnel, custody facilities, and the public, are of paramount concern, in situations wherein an inmate has requested to marry the following procedures shall be followed when an inmate requests to marry:
The County Jail represents a brief temporary place of detention and does not have special facilities for inmate marriages. As a consequence, an inmate temporarily detained who wishes to marry should be encouraged to first petition the Court of the jurisdiction in which his or her criminal prosecution is pending and request the Judge of that court to perform the marriage solemnization during normal Court hours in that Court. If the Court refuses to marry the inmate, then the inmate should be encouraged to delay the marriage until he is released or transferred to where he will be confined (i.e., State or federal prison).
If the inmate does not wish to petition from the Court of jurisdiction, he/she may be married at visiting, in accordance with the provisions of law and this procedure, subject to the prior approval of the Watch Commander. Each facility shall develop and implement an inmate marriage visiting policy depending on the number of inmate marriages each facility is suitable to process. When a marriage takes place at visiting, the following procedures shall apply:
An inmate may be married at any custody housing facility only during the designated visiting hours of that facility,
Marriage in the County Jail shall only be permitted between an inmate and a non-inmate spouse
The number of persons, including the person solemnizing the marriage, couple, and guests shall be limited to and subject to the standard visiting rules set forth at the housing facility
Inmate marriages shall be solemnized by an individual authorized to solemnize marriage as designated by Family Code Sections 400 and 402. The individual solemnizing the marriage shall not be the facility Chaplain, without prior arrangements and approval as described below.
There shall be no inmate guests
No provisions shall be made for special religious or other ceremonial requests, Visiting deputies shall only assist in the solemnization by passing the marriage license documentation through the "pass through window" and shall not act as "witness"
No rings shall be passed to the inmate.
The inmate shall apply in writing to the concerned unit's Watch Commander at least 15 days prior to the wedding, attaching a Photostatted copy of the marriage license. The Watch Commander shall assess the request and based on the validity of the marriage license and the availability of the inmate, arrange for the marriage to take place within the 14 day period. Subject to any court order, the Sheriff's Department will not intervene to stop a marriage from taking place because of spousal immunity issues.
As a convenience to inmates and as a public service, Custody Chaplains may be utilized to solemnize inmate marriages under the following procedure:
A person wishing to marry an inmate in the Los Angeles County jail system must mail a photocopy of their completed marriage license, and a completed inmate marriage application, at least 15 days in advance, to the Religious & Volunteer Services Office. The inmate marriage packages are available at each facility's designated visiting areas.
The Religious & Volunteer Services Office will check the application to see that it is complete, and forward it to the appropriate facility for Watch Commander approval or denial.
Once the application has been either approved or denied, Religious & Volunteer Services personnel will call the applicant to schedule a ceremony. The Religious & Volunteer Services Office will maintain a list of approved clergy and Custody Chaplains who will solemnize marriages on a voluntary basis, and coordinate between these volunteers and the public, to schedule requested marriage ceremonies.
On the day of the scheduled ceremony, the non-inmate applicant must bring one witness and the original wedding license. Both the applicant and the witness must have government issued photo identification.
Immediately prior to the ceremony, for one hour, the Chaplain will counsel the prospective couple. This counseling will include the ethical and legal responsibilities of marriage and may include religious or spiritual counsel. Normally this counseling will be conducted in a facility's visiting area, with the Chaplain on the non-secure side.
During the ceremony, the couple will be separated by glass. There can be no touching or kissing. No rings or any other items may be exchanged.
After the ceremony, the Chaplain will sign the marriage license, and the witness must sign. The non-inmate spouse must return the original, signed, license to the Los Angeles County Recorder's Office.
FYI, in California anyone over 18 can be an officiant, so just pick your most articulate friend or family member:
In California, anyone who is authorized can officiate a wedding, including people from religious groups, the county clerk, and other officials:
Religious groups
County clerk
The county clerk can deputize people to officiate civil weddings for a single couple on a specific day. This is called the "deputy for a day" program, and adults can apply and pay a small fee to participate.
Other officials
Other officials who can officiate weddings include judges, magistrates, members of Congress, California constitutional officers, state legislators, and some local elected officials.
To officiate a wedding in California, you must be at least 18 years old and register as an officiant. You can register online or through the county clerk. Once you're registered, you can sign the marriage license to make the union official.