MONTGOMERY, Ala. (Jan. 26, 2018) – Yesterday, an Alabama House committee passed a bill that would abolish marriage licenses in the state and effectively nullify in practice both sides of the contentious national debate over government-sanctioned marriage.
Sen. Greg Albritton (R-Bay Minette) prefiled Senate Bill 13 (SB13) in September. The legislation would abolish all requirements to obtain a marriage license in Alabama. Instead, probate judges would simply record civil contracts of marriage between two individuals based on signed affidavits.
According to the bill summary, SB13 would “eliminate the requirement for solemnization of a marriage for it to be considered valid” and “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. must record certain affidavits, forms, and data regarding the marriage.”
The House Judiciary Committee passed SB13 by a 9-5 vote with a technical amendment. It passed the Senate last week 19-1.
The proposed law would maintain a few state requirements governing marriage. Minors between the ages of 16 and 18 would have to obtain parental permission before marrying, the state would not record a marriage if either party was already married, and the parties could not be related by blood or adoption as already stipulated in state law.
In practice, the state’s role in marriage would be limited to recording marriages that have already occurred.
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