[Alex Newman | The New American] Alabama has a novel solution to protect itself and its officials from having to endorse homosexual “marriages:” Get the state out of marriage altogether. More than eight out of 10 voters in the conservative state decided to enshrine marriage in their state’s Constitution. But despite the lack of federal authority over marriage and despite the 10th Amendment’s specific reservation of powers, the U.S. Supreme Court lawlessly ruled that none of it mattered — all would be forced to accept the federally mandated perversion of marriage.
But now, Alabama lawmakers have a plan to protect religious liberty and freedom of conscience from the escalating LGBT onslaught. Last week, the Alabama Senate voted unanimously for SB69 to abolish marriage licenses. Predictably, the LGBT movement and its fervent supporters in the establishment press began hurling vitriolic and bigoted accusations of “homophobia” against the Christian people of Alabama. And even some supporters of real marriage have concerns about the measure. But proponents of the legislation say it may be the best solution in light of the circumstances.
Alabama has been at the center of the effort to resist the Supreme Court’s lawless Obergefell “opinion” purporting to create a “right” to something known as a homosexual “marriage.” The chief justice of the Alabama Supreme Court at the time pointed out, correctly, that the U.S. Supreme Court has no power over marriage, and so, the ruling is entirely illegitimate. And across the state, judges have refused to issue “marriage” licenses to homosexuals, noting that doing so would be a violation of the state’s Constitution, God’s law, and the will of the overwhelming majority of Alabamians.
Many judges in the state still refuse to participate in issuing marriage licenses to homosexual couples. Last year, for example, Alabama Probate Judge Nick Williams told the American Bar Association Journalthat he had not issued a marriage license or performed a marriage ceremony in over three years. The legislation in question “gets us out of the position of having to participate in something we totally disagree with,” Williams was quoted as saying by the ABA Journal.
Before that, Clarke County Probate Judge Valerie Davis issued a press release explaining that her office would no longer be issuing any marriage licenses at all to avoid compromising her conscience and endorsing a so-called marriage by homosexuals. “I do not think I am required to compromise my religious beliefs to be Probate Judge,” Davis explained in her news release. “Alabama law does not mandate me to issue marriage licenses to anyone of any gender.”
Under the new legislation, Alabama judges would no longer be involved in issuing “marriage” licenses to anyone. Instead, the state would merely record civil contracts between two people based on signed affidavits. Then, homosexuals could still call their relationship a “marriage” if they wanted to. But nobody else would be compelled to participate in what many people of faith consider to be an “abomination,” as the Bible describes homosexual acts. The bill also eliminates the existing requirement that a marriage or “marriage” be solemnized to be considered legally valid. “Marriages” involving pedophilia, incest, or polygamy would still not be recorded.
“When you invite the state into those matters of personal or religious import, it creates difficulties,” explained State Senator Greg Albritton, the Republican sponsor of the bill, when he introduced the measure last year. “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.” Senator Albritton also argued that the bill ending marriage licenses “truly separates the church and the state.”
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[Editor’s Note: This article was written by Alex Newman and originally published at The New American. Title changed by P&P.]
