Alabama House panel approves bill eliminating need for marriage licenses

An Alabama House panel in has approved a bill that would eliminate the requirement for a marriage license and wedding ceremonies in Alabama.

The legislation, which already passed the Senate, was approved by the Alabama House Judiciary Committee by a 9–5 vote sending it to the House.

The new measure would create a new process that would allow couples to submit a form that would serve as their official marriage document to probate judges.

The bill's sponsor, Sen. Greg Albritton (R-Range), said that the proposal became necessary following the 2015 Supreme Court ruling Obergefell v. Hodges.

"We have to bring a bill because of the decision. I can't change the decision. That decision is the law of the land. The only thing I can do is try to make it easier and try to find some kind of middle ground that we in Alabama can live under that law," he said, as reported by The Christian Post.

Following the high court ruling, some Alabama probate judges have decided to stop issuing marriage license altogether due to their objection to same-sex marriage.

Albritton, who had proposed similar bills several times since the 2015 Supreme Court decision, said that the new process would take away any discretion from probate judges and would ensure that couples can get married in every county.

He stressed that eliminating the requirement for a ceremony would leave the state with only a role in the civil aspect of marriage, not the religious aspect.

"This bill separates that out and allows the two separate things to be handled but it provides and protects everyone so that they can get married when and where they choose," he explained.

Under current laws, probate judges are not required to issue marriage licenses, which protected the freedom of conscience for judges who hold views that do not align with the Supreme Court ruling.

Washington County Probate Judge Nick Williams, who was one of the probate judges that stopped issuing license since Obergefell v. Hodges, said that he will abide by the requirements when the bill becomes law, noting that there is a difference between recording a document and adding his signature to it.

Democrat State Rep. Patricia Todd said that she supports the bill because she agrees that the state should not have the authority to decide who can marry, adding that the law should have been changed years ago.

Rep. Merika Coleman (D-Birmingham), however, expressed concern that spouses seeking to qualify for Social Security or military benefits could encounter problems when regulations require a marriage license to verify their eligibility.

Rep. Paul Beckman (R-Prattville), who was tasked to handle the bill at the House, said he believes that the new process would address those concerns.

Beckman, who is running for probate judge in Autauga County, said that he would not issue a marriage license if he were probate judge now under current law out of respect for what he says are the beliefs of most people in the county. He expressed his belief that the best solution is to get probate judges out of the business of issuing licenses and requiring ceremonies.