Legislature to take up church security, marriage registration

Legislature to take up church security, marriage registration

By Carrie Brown McWhorter
The Alabama Baptist

Though some observers predict a quiet session, the Alabama Legislature is moving quickly on a marriage license bill and may consider allowing churches to authorize armed security teams.

Alabama’s 2018 legislative session opened Jan. 9, an early start because 2018 is an election year for the governor, statewide offices and all 140 legislative seats.

In her State of the State Address, Gov. Kay Ivey identified education, health care and support for veterans as just a few of the issues facing Alabama this year. But many observers believe the legislature will be hesitant to tackle major legislative changes in an election year.

The Alabama Senate passed SB 13 by a 19–1 vote Jan. 16. The bill introduced by Sen. Greg Albritton, R-District 22, would eliminate the marriage license requirement and establish a legal procedure for two people to enter into a marriage.

Form to replace license

The new procedure would require the judge of probate to accept a form from a couple swearing they are of legal age, are entering the marriage willingly, are not related by blood or adoption and are not already married. The judge would not have to sign the document but would file the form with the state.

The bill also abolishes the requirement of a ceremony of marriage to solemnize the marriage. The cost of submitting the form would be the same as the current marriage license fee.

Albritton has introduced similar legislation several times since the U.S. Supreme Court legalized same sex “marriage” in 2015. A vote on the bill in the Alabama House of Representatives could come soon.

‘The only option’

Joe Godfrey, executive director of Alabama Citizens Action Program (ALCAP), told supporters by email that SB 13 is “about the only option we have left” to protect the religious freedoms of probate judges and other civil servants “who share our convictions that same-sex ‘marriages’ go against God’s definition of marriage.”

Churches and various faith groups may still require a marriage ceremony in order for marriages to be recognized within their own belief system, but the State (if this bill passes the House and is signed by the governor) will no longer be involved in the “marriage business.”

Godfrey added that while pastors will no longer be required to sign marriage licenses, churches should consider adopting a certificate of marriage acknowledging the date and location of marriage ceremonies in keeping with a biblical view of the sanctity of marriage.

In the House, Rep. Lynn Greer, R-District 2, and Rep. Connie Rowe, R-District 13, have introduced the Alabama Church Protection Act (HB 34), a bill that would exclude a person from being held criminally liable for using physical force, including deadly force, in self-defense or defense of another person on the premises of a church.

The bill’s summary includes language about establishing a security program and authorizing designated members, perhaps trained by the Alabama Peace Officers’ Training Commission, to carry firearms. However, the draft of the bill available Jan. 26 made no mention of firearms or security programs. HB 34 was referred to the House Judiciary committee Jan. 9.

Other issues

Two other issues expected to get a hearing in the session include:

• Oversight of child care centers. About half of day cares in Alabama are affiliated with a church and therefore are exempt from state licensing requirements. A bill to tighten requirements passed in the House last year but failed in the Senate. HB 76, sponsored by Rep. Pebblin Warren, D-District 82, is one ALCAP supports, Godfrey said.

“It both protects children and the religious freedoms of churches,” he said.

• Ignition interlock devices for those convicted of driving under the influence. Godfrey noted that states that have this law in place have seen a substantial reduction in repeat DUI offenders.