the road to get the government out of the marriage business!
The Alabama House of Representatives gave final passage today to a bill that would end the issuance of marriage licenses by probate judges and instead have them record documents that would serve as the official records of marriage.
The bill goes to Gov. Kay Ivey, who could sign it into law.
The legislation came in response to the legalization of same-sex marriage by the U.S. Supreme Court in 2015. In Alabama, some probate judges stopped issuing marriage licenses four years ago because they did not want to sign same-sex marriage licenses.
Under the bill that passed today, couples wanting to get married would submit to the probate judge a form that includes an affidavit saying they meet the legal requirements of marriage and the probate judge would record that as the official marriage document.
The House passed the bill, by Sen. Greg Albritton, R-Range, by a vote of 67-26. It had already passed the Senate.
Probate judges in some counties are still not issuing marriage licenses. The current law does not require them to issue licenses, but says they “may.”
Under Albritton’s bill, probate judges would be required to accept and record the official marriage documents.
“It allows everybody in the state now to go to their local courthouse, or wherever, to accomplish this without traveling somewhere else, which is the intent of the law,” Albritton said.
The bill also would end the requirement that a marriage be “solemnized” by a minister or another person qualified to do so. Albritton said he thought it was appropriate to separate that religious component of marriage from the state law.
Among those voting against the bill today was Rep. Neil Rafferty, D-Birmingham, who is gay and married his partner of 15 years in December.
“I feel like while in and of itself it is not prejudiced, I feel like it was born out of prejudice though," Rafferty said. "That’s just kind of my ultimate feelings, why I ultimately couldn’t support the bill, even though in and of itself it does create a system that treats everyone equal before the state.”
Rafferty said he believes the bill would allow probate judges who are not issuing marriage licenses because of their personal beliefs to skirt their responsibilities.
“I think it’s far less about good governance and more about protecting folks that don’t want to do their jobs," Rafferty said.
Rep. Wes Allen, R-Troy, was among those voting for the bill today. Allen is the former probate judge in Pike County and stopped issuing marriage licenses in 2015.
“I believe marriage is between a man and a woman, as do a lot of Alabamians,” Allen said. He noted that about 80 percent of Alabama voters approved a constitutional amendment defining marriage as a unique relationship between a man and a woman in 2006.
“The probate judge has to sign the marriage license,” Allen said. "And effectively, by your signature going on that marriage license, basically in my opinion, you’re endorsing it. Because it’s your signature, just like you’re signing a check, you’re endorsing it. And that was one of the objections that I had back in 2015."
Albritton’s bill had passed the Senate in previous years but never made it through the House. The senator, who is an attorney, said he’s been working on the issue since 2015.
“I’m trying to find a path that’s legal and has the least effect with the greatest amount of benefit," Albritton said. "And I think I found that.”
https://www.al.com/news/2019/05/alabama-lawmakers-pass-bill-to-end-marriage-licenses.html
....
a fun fact did you all know that U.S enact marriage liscences to stop whites from marrying blacks and vice a versa?
The Alabama House of Representatives gave final passage today to a bill that would end the issuance of marriage licenses by probate judges and instead have them record documents that would serve as the official records of marriage.
The bill goes to Gov. Kay Ivey, who could sign it into law.
The legislation came in response to the legalization of same-sex marriage by the U.S. Supreme Court in 2015. In Alabama, some probate judges stopped issuing marriage licenses four years ago because they did not want to sign same-sex marriage licenses.
Under the bill that passed today, couples wanting to get married would submit to the probate judge a form that includes an affidavit saying they meet the legal requirements of marriage and the probate judge would record that as the official marriage document.
The House passed the bill, by Sen. Greg Albritton, R-Range, by a vote of 67-26. It had already passed the Senate.
Probate judges in some counties are still not issuing marriage licenses. The current law does not require them to issue licenses, but says they “may.”
Under Albritton’s bill, probate judges would be required to accept and record the official marriage documents.
“It allows everybody in the state now to go to their local courthouse, or wherever, to accomplish this without traveling somewhere else, which is the intent of the law,” Albritton said.
The bill also would end the requirement that a marriage be “solemnized” by a minister or another person qualified to do so. Albritton said he thought it was appropriate to separate that religious component of marriage from the state law.
Among those voting against the bill today was Rep. Neil Rafferty, D-Birmingham, who is gay and married his partner of 15 years in December.
“I feel like while in and of itself it is not prejudiced, I feel like it was born out of prejudice though," Rafferty said. "That’s just kind of my ultimate feelings, why I ultimately couldn’t support the bill, even though in and of itself it does create a system that treats everyone equal before the state.”
Rafferty said he believes the bill would allow probate judges who are not issuing marriage licenses because of their personal beliefs to skirt their responsibilities.
“I think it’s far less about good governance and more about protecting folks that don’t want to do their jobs," Rafferty said.
Rep. Wes Allen, R-Troy, was among those voting for the bill today. Allen is the former probate judge in Pike County and stopped issuing marriage licenses in 2015.
“I believe marriage is between a man and a woman, as do a lot of Alabamians,” Allen said. He noted that about 80 percent of Alabama voters approved a constitutional amendment defining marriage as a unique relationship between a man and a woman in 2006.
“The probate judge has to sign the marriage license,” Allen said. "And effectively, by your signature going on that marriage license, basically in my opinion, you’re endorsing it. Because it’s your signature, just like you’re signing a check, you’re endorsing it. And that was one of the objections that I had back in 2015."
Albritton’s bill had passed the Senate in previous years but never made it through the House. The senator, who is an attorney, said he’s been working on the issue since 2015.
“I’m trying to find a path that’s legal and has the least effect with the greatest amount of benefit," Albritton said. "And I think I found that.”
https://www.al.com/news/2019/05/alabama-lawmakers-pass-bill-to-end-marriage-licenses.html
....
a fun fact did you all know that U.S enact marriage liscences to stop whites from marrying blacks and vice a versa?
