Lawmaker seeks to lift Alabama’s ban on gay marriage

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November 5, 2013

State Rep. Patricia Todd, D-Birmingham, has pre-filed a bill for the 2014 legislative session that would bring the repeal of Alabama’s constitutional ban on gay marriage up for a vote of the people.

Here’s the synopsis of the bill, HB40, as filed by Rep. Todd:

Under Constitutional Amendment No. 774, Constitution of Alabama of 1901, no marriage license may be issued in Alabama to parties of the same sex and same sex marriages from other jurisdictions are not recognized in Alabama. This bill would propose a constitutional amendment to repeal Amendment 774.

Todd, who is the only openly gay member of the Alabama legislature, went to Massachusetts in September to marry her partner. She has said several times this year that she planned to challenge Alabama’s gay marriage ban in court. When asked by USA Today how realistic it is to expect Alabama to one day lift its ban on gay marriage, Todd replied that she has “all the confidence in the world” that it will happen eventually.

Passage of Todd’s bill, which is extremely unlikely, would not mean the current ban would be lifted. Constitutional amendments require a vote of the people, which has proven to be a high bar to clear for gay marriage advocates. Twelve states have legalized gay marriage, but only three have done it by ballot referendums — Maine, Maryland and Washington. Even Californians voted down gay marriage 52% – 48% in 2008.

Alabama House Speaker Mike Hubbard, R-Auburn, was complimentary of Todd’s work as a legislator on Monday, but said there’s no way her bill will receive the support of Republicans, who hold super-majorities in both houses of the legislature.

“Rooted firmly in the Bible and reflective of our traditional, conservative values, recognized marriages in Alabama are a covenant made only among a man, a woman, and God, and I would oppose any effort to change that solemn fact,” Hubbard told Yellowhammer. “Rep. Todd is a hard-working, conscientious legislator, and I consider her a friend and valued colleague, but on this issue, my faith, my values, and my beliefs prevent me from supporting her efforts.”