Bill to get the state out of the marriage business heads to Kay Ivey
After some conservative Alabama probate judges stopped issuing marriage licenses over the issue of same-sex marriage, state lawmakers have come up with a workaround: marriage certificates that don’t have to be signed before the wedding by the judge. The bill, which won final approval Thursday, now goes to Gov. Kay Ivey for her signature. For several years a few conservative probate judges in Alabama have refused to issue marriage licenses to anyone so they don’t have to issue them to gay and lesbian couples. The House of Representatives voted 67-26 for the bill that would replace marriage licenses with a new form called a marriage certificate. Republican Sen. Greg Albritton, the sponsor of the bill, said he proposed the change so people can obtain marriage documents in every county. Rep. Neil Rafferty, the only openly gay member of the House, said the proposal was “born out of prejudice.” “It accommodates a handful of judges that couldn’t get their personal feelings, couldn’t check them those at the door and couldn’t do their jobs,” Rafferty, Democrat-Birmingham, said. Current Alabama law says probate judges “may” issue marriage, but doesn’t force them to do so. After same-sex couples obtained the legal right to marry, about a half dozen of Alabama’s 68 probate judges declined to issue licenses so they would not have to give them to gay couples. Rep. Wes Allen, a Republican from Pike County, was one of the judges who made that decision. “I believe marriage is between a man and a woman, as do a lot of Alabamians,” Allen said. Allen said he received “overwhelming” support in the county for his decision. Currently a judge signs a marriage license before a couple’s wedding. Allen said he viewed signing the form as endorsing the marriage. Under the proposed change, couples would return a form and an affidavit affirming they meet legal requirements to be married, to the probate judge’s office. The judge, or someone in his or her office, would still sign the certificate to show it was filed with the county. Albritton said that is acceptable to the judges because it is simply signing off on the documents being filed. Albritton argued the proposal would not be much change for couples.“I’m glad it’s done. This helps everybody in the state,” Albritton said. Republished with permission of the Associated Press.
Alabama lottery bill passes Senate
If you’ve ever heard of the saying, “If at first you don’t succeed: Try, try, try again,” then you have a basic understanding for the what’s going on in the Alabama Legislature this week. After years of trying and failing to pass a state lottery, on Thursday, the Alabama Senate moved one step closer to actually making a state lottery a reality. Following hours of debate, the full Alabama Senate narrowly passed a lottery bill, a proposed constitutional amendment, by a 21-12 vote on Thursday afternoon. Because the bill, sponsored by Atmore-Republican, Sen. Greg Albritton, is a proposed constitutional amendment three-fifths of the Senate, 21 of the 35 members, needed to vote in favor of the bill in order for it to pass. The legislation now moves to the Alabama House of Representatives. Should the legislation pass the House, the issue will move to the voters where they will have a chance to decide whether the state should have a state lottery. It’s been 20 years since Alabamians have had a chance to vote on a lottery. Alabama is one of six states without a lottery.
Greg Albritton: Protect the sanctity of marriage from government intrusion
Like most Alabamians, I believe that God established the institution of marriage for the benefit of mankind. Indeed, His purpose was to begin the human family within His bonds of marriage, as a holy union. Then government stole marriage, for its own purposes. A classic example is Henry VIII, who established his own church in order to achieve the destruction of his marriage. Henry is not the only example of government overreach into marriage. Throughout history, the government has used marriage as a tool to effect its ends, to protect government power, to maintain control of property and estates, and even to keep a “pure” race. In 2015, the Supreme Court legalized same-sex marriage at the federal level with the Obergefell v. Hodges decision. Here in Alabama, the present codification of the marriage process, which came into effect in the 1920s, requires that every couple must receive a state-authorized license to be married. Additionally, that license must be presented to an authorized “minister of the gospel” so a “solemnization” may be accomplished. Afterwards, this form is filed at the local courthouse, which establishes the marriage as recognized by the state. Obviously, the state is heavily engaged in a religious sacrament of the church. It is no surprise that judges are confused about the line between government activities and church ceremonies. “Ministers of the gospel” may be just as confused when they pronounce a couple husband and wife “by the authority granted by the State of Alabama.” In the Alabama Senate, I have filed legislation (Senate Bill 13) that clarifies and separates these very different roles by simplifying the procedure. The requirement of a state license is eliminated. No longer does a couple need permission or a license from any government official to marry. However, my bill does not in any way change the definition of marriage: the protections of competency and age and the restrictions against incest, polygamy, and bigamy remain intact. Under SB13, a couple that has married must openly and legally state by an affidavit that they are complying with state’s definition of marriage. Further, the statutory requirement of a religious ceremony is eliminated. My bill allows ceremonies to take place – but the ceremony is not controlled by the government. This allows people to enter into religious ceremonial marriages, according to the dictates of their faith, without the State of Alabama overseeing the sacrament. The procedure of recording a marriage remains intact. My bill requires a government form to be recorded in the local probate office, which establishes that the marriage is recognized by the state, just as the present system does. There have been a number of misunderstandings over what my legislation does. So, let me clarify a few specific things that this bill does not do. Senate Bill 13 does not eliminate marriage as an institution recognized by the State of Alabama or any other government entity. Under my legislation, the new, prepared form states “Marriage Certificate.” Further, my bill does not redefine marriage and does not increase any costs or fees. Senate Bill 13 opens every county to marriage; no public official can deny a properly-completed form. My proposal continues to restrict marriage to two people who are of legal age, mentally competent, and unrelated, just like now. Most importantly, SB13 allows all persons of faith to practice their religious ceremonies of marriage according to their faith and doctrine and removes the government from a religious sacrament. My proposal has already passed the State Senate, and I urge the Alabama House of Representatives to approve SB13 and send to Governor Kay Ivey for her signature. Alabama has the opportunity to be the first state in the union to resolve the tensions brought on by the Supreme Court’s Obergefell decision legalizing same-sex marriage, but we must act now. ••• Senator Greg Albritton represents Senate District 22, which is comprised of all or parts of Choctaw, Clarke, Washington, Monroe, Mobile, Conecuh, Escambia, and Baldwin counties, in the Alabama Senate. You may reach him at greg.albritton@alsenate.gov or at (334) 242-7843.
Bill to eliminate marriage licenses passes Alabama Senate, moves to House
Marriage licenses may soon be a thing of the past in Alabama. Rather than getting a marriage license signed by a probate judge, Range-Republican state Sen. Greg Albritton has introduced a bill that would require couples to file a form and have a notarized affidavit with the probate judge in order to record their marriages. Senate Bill 20 was approved, 22-6, Tuesday night the Alabama Senate. It’s passage comes as few probate judges across the state continue to refuse to issue marriage licenses to same-sex couples. “This bill would specify that the judge of probate would have no authority to reject any recording of a marriage, so long as the affidavits, forms, and data are provided,” Albritton’s bill reads. “This bill would provide that a religious, civil, or independent ceremony of marriage, or other officiation, or administration of marital vows may be conducted or engaged in by the parties. Instead of issuing marriage licenses, probate judges would be required to collect the following minimum information: (1) The full legal names of both of the parties. (2) A notarized affidavit from each party declaring all of the following: a. The affiant is not currently married. b. The affiant is at least 18 years of age; or 21 2. The affiant is at least 16 and under 18 years of 22 age and has the consent of a parent or guardian. c. The affiant is legally competent to enter into a marriage. d. The parties are not related by blood or adoption such that the marriage would violate Section 13A-13-3, Code of 27 Alabama 1975. e. The affiant is entering into the marriage voluntarily and of his or her own free will and not under duress or undue influence SB20 now moves to the Alabama House of Representatives for consideration. Similar legislation failed to win final approval in the past two legislative sessions.
Alabama House committee to consider bill to end state-issued marriage licenses
In the wake of the U.S. Supreme Court decision legalizing gay marriage, Alabama lawmakers are considering legislation to take the state out of the marriage process. The House Judiciary Committee is scheduled to consider a bill by Sen. Greg Albritton (R-Range) on Wednesday that would do just that. The bill, which passed the Senate 23-3 last month, does away with state-issued marriage licenses. Instead, couples would bring in a signed marriage contract and file it with their county probate office. The contract would include an affidavit declaring they are not related by blood or adoption, are not already married, are legally competent, and are of legal age to marry else have parental consent. Civil or religious ceremonies would have no legal effect upon the validity of the marriage. The state would only recognize the legal contract signed by the two parties entering into the marriage. Albritton introduced a similar bill in 2015 that also passed the state Senate, but died in the House. ‘“When you invite the state into those matters of personal or religious import, it creates difficulties,” Albritton told the Associated Press in 2015. “Go back long, long ago in a galaxy far, far away. Early twentieth century, if you go back and look and try to find marriage licenses for your grandparents or great grandparents, you won’t find it. What you will find instead is where people have come in and recorded when a marriage has occurred.”
Senate passes bill taking state out of marriage business
The Alabama Senate passed a bill Tuesday that would abolish the requirement that state probate judges sign off on marriages. To replace the age-old courthouse process, the bill would required a marriage contract to be signed under the witness of two adults. Those contracts would then be documented by the local probate judge. A marriage ceremony would not be required SB143 from Sen. Greg Albritton (R-Range) follows the U.S. Supreme Court ruling finding a ban on same-sex marriages unconstitutional. Some Alabama probate judges have already stopped issuing marriage licenses, claiming that in providing a marriage certificate to a same-sex couple they are violating their religious convictions. Albritton contends that the legislation will do away with such controversy. Some senators voiced concern over the bill, noting that it would add to the current confusion and make it more difficult for military personnel to navigate receipt of marriage entitlements. Rep. Patricia Todd (D-Birmingham), Alabama’s only openly gay lawmaker, opposed the legislation and advocated for county probate judges to do the job for which they were elected. With its passage in the Senate, the bill is now on its way to the House of Representatives.
Getting the state out of the marriage business
This past June, I wrote a guest editorial column published on AL.Com Here’s an idea: Get the government out of marriage all together. In it I posed the question, “Why is the government in the marriage business anyway?” My premise was that while the government has a duty to recognize the contractual obligations of a marriage it should get out of the business of defining marriage and allow churches decide on an individual basis who they want to marry. This week, Sen. Greg Albritton filed legislation that does just that. Senate Bill 377 changes the law dealing with marriage and all references of marriage to “contract of marriage.” While I disagree with the fact in his bill he raises the fees associated with marriage, this bill offers an opportunity to get the state out of the contentious place of blocking same-sex marriages and allows individuals and families to move forward and focus on the many other important things happening in our state. In an interview discussing his bill with AL.Com, Albritton said, “The sanctity of marriage cannot be sanctified by government of men. That is where we have gotten ourselves in trouble.” This week as the U.S. Supreme Court looks at the definition of marriage and seeks to answer the question of whether there is in fact a right to marry, it is a positive step for those in our state who have been caught in limbo that Alabama is looking to change its own laws. Photo Credit: Hal Yeager/AP
