Bill to abolish marriage licenses passes Alabama House, heads to Ivey’s desk

MONTGOMERY — The Alabama House of Representatives on Thursday passed SB 69, State Sen. Greg Albritton’s (R-Atmore) bill that would end marriage licenses in the Yellowhammer State.

The bill previously passed the House on a 67-26 vote. The legislation previously passed the Senate 26-0.

After Obergefell v. Hodges essentially created a protected legal right to marriage, judges in some Alabama counties decided to stop issuing marriage licenses altogether so they would not have to approve licenses for gay couples.

Instead of the local probate office issuing marriage licenses in each county, the new system proposed by SB 69 would simply provide for affidavits of marriage to be filed with the probate office. So, instead of needing a probate judge’s approval for marriage, spouses would only have to register with the probate judge’s office.

This means judges who have religious objections to gay marriage will no longer have to issue marriage licenses in violation of their religious beliefs. Proponents of the bill said SB 69 will ensure federal law is being followed in the state while taking away the burden of approval or rejection of marriages from individual probate judges.

Opponents of the legislation have said the bill was born out of prejudice.

State Rep. Neil Rafferty (D-Birmingham), the only openly gay member in the Alabama House, told reporters the bill itself is not prejudiced but that it originated from “homophobia.”

However, no members of the House debated SB 69 on the floor, making for a surprisingly quick final passage. State Rep. Matt Simpson (R-Daphne) handled the bill in the chamber.

The bill now heads to Governor Kay Ivey’s desk.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn