I got into a discussion today about Alabama Senate Bill 20, so I figured I’d do a piece on this bill in the same vein as the ACA ongoing series. The full text is available for this bill online as well.
This is a nice, short, concise bill. I’m skipping the synopsis because I don’t believe that part would be legally binding, and we’re keeping an eye out for loopholes here.
This bill amends the existing legislature Sections 22-9A-17, 30-1-5, 30-1-12, and 23 30-1-16 of the Code of Alabama 1975. It removes sections with the following effects:
- The Office of Vital Statistics will record all marriages
- A Probate Judge will prepare the form to give to the OVS
- The officiant who performed the marriage will fill out and return the form to the judge within 30 days of the marriage ceremony
- The judge must forward the completed marriage forms to the OVS on or before the 5th of each month
- The entire current process for amending a marriage recorded in the above manner
If this bill becomes law, all of that ceases to exist. It is replaced with the following:
- “the only requirement for a marriage in this state shall be for parties who are otherwise legally authorized to be married to enter into a marriage as provided herein.” This literally states that anyone who wants to be married can, provided they pass a few tests
- The judge still gets to collect the same recording fee as before, though. This bill does not affect the civil costs of marriage
- This bill creates a “marriage document” that contains the following:
- Identifying information about both parties (as laid out elsewhere in existing legislature). I think this is a circular reference: it says 22-9A-6, but that just says that each document is spelled out below, and 22-9A-17 (the bit pertaining to marriages) is what’s being amended here.
- The full legal names of both parties
- A notarized affidavit (basically a legally binding statement) from both parties that states the following:
- The person signing is not already married
- The person signing is at least 18, or is at least 16 with parental consent
- The person signing is legally competent (not under guardianship or something like that)
- The parties are not related legally (with a reference to the laws that pertain)
- The person signing is not being coerced
- A signature from each party
- A marriage is valid as of the date it was “executed”, so long as the court is informed within 30 days. This appears to mean that signing the form makes you legally married.
- A ceremony may be conducted. However, the state may not require that a ceremony be conducted.
- The forms mentioned above are considered a “legal record of the marriage of both parties”
- A copy of the form will be sent to the OVS
- If there’s an error on the form, a corrected version may be filed, and the costs are the same as filing the original. The amended versions will say they have been amended, and the judge will file them and forward them to OVS. If the two parties disagree on what the amendment should be, they have to settle it in court.
- This bill does not affect divorce, child custody, child support, or spousal support. (It says that right on page 10)
- All requirements to obtain a marriage license are repealed
- The requirement to hold a ceremony is repealed
- The Alabama Law Institute will create a form to meet the needs above
- This bill will take effect 30 days after it is signed
Other parts of the bill change parts of the existing legislature:
- Parental consent for 16 year olds is still required, but the requirement changes to being an affidavit that is notarized and filed
- Instead of keeping a record of marriage licenses issued, the judge now keeps a record of marriages recorded
And that’s it. That’s the bill.
Now for my editorializing: I think this is a good bill, on the face of it. The current concept of how marriage works is that the government checks if the marriage is legal, then issues a permission to get married (the “license”). Then, an officiant performs an actual ceremony; this officiant has to be registered with the courts, making the choices in many areas only consist of a clerk or a Christian pastor. Religious officiants often put extra requirements on the couple, like marriage counseling or religious tests; civil clerks require you to get married in a small ceremony at the courthouse, since they don’t usually travel. So it makes you conform to what is “normal” in your marriage ceremony. Furthermore, the law requires a ceremony; you can’t just decide to be married on your own, you have to have the big hoopla. Under this bill, you decide what you want the event of your marriage to look like, and then tell the court “by the way, we got married”. This is less burdensome to the couple, and allows for a wider variety of ceremonies — if you wanted to have a handfasting in your backyard, and you don’t have a Wiccan officiant, you would have to also go to the courthouse, and that courthouse visit is considered your “real” wedding since that’s the official date your marriage began. Under this bill, you just do it, and tell the court “we were married on X date”. It’s getting the government out of the business of legitimizing religious ceremonies, and I approve.
I hope that helps.