By: Mike Maharrey|Published on: Jun 4, 2019|Categories: Marriage, State Bills
MONTGOMERY, Ala. (June 4, 2019) – Alabama Gov. Kay Ivey has signed a bill into law abolishing marriage licenses in the state. This will effectively nullify in practice both major sides of the contentious national debate over government-sanctioned marriage.
Sen. Greg Albritton (R-Bay Minette) introduced Senate Bill 69 (SB69) on March 5. The new law abolishes all requirements to obtain a marriage license in Alabama. Instead, probate judges will simply record civil contracts of marriage between two individuals based on signed affidavits.
According to the bill summary, SB69 will “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.”
On May 23, the House passed SB69 by a 67-26 vote. The Senate passed SB69 by a 26-0 vote. With Gov. Ivey’s signature, the law will go into effect 90 days after the signing date.
While this change in the law may seem like semantics, it is quite significant. It ends the requirement to get state permission before getting married. The state will now record signed contracts between consenting individuals. In effect, it removes the state from the approval process and relegates it to a mere record-keeper.
The law will maintain a few state requirements governing marriage. Minors between the ages of 16 and 18 still must obtain parental permission before marrying, the state will not record a marriage if either party was already married, and the parties cannot be related by blood or adoption as already stipulated in state law.
Civil or religious ceremonies will have no legal effect on the validity of the marriage. The state will only recognize the legal contract signed by the two parties entering into the marriage.
In practice, the state’s role in marriage will be limited to recording marriages that have already occurred.
Enactment of SB69 takes a step toward returning to the traditional Western custom in which the state had little to no involvement in marriage, even though it was a legal contract as well as a religious institution. Marriage in medieval Europe technically fell under the legal jurisdiction of the Catholic Church, with priests officiating weddings at the door of the community church. However, it was ultimately a private arrangement that did not require a third party in order to be considered legitimate.
In “The Middle Ages: Everyday Life in Medieval Europe,” Jeffrey Singman writes that proposed marriages were announced at the parish church of both persons for three Sundays, but this was in order to ensure problems such as preexisting marriage agreements did not arise. Still, “not every marriage followed these formalities.”
Singman writes:
According to canon law, marriage could be contracted either by a vow of marriage expressed in the present tense or by a statement of future intent to marriage followed by sexual consummation. The latter sort of marriage in particular could take place without the participation of church or community. Such marriages were illegal, but not invalid; the although the couple might be prosecuted in the church courts, they remained legally married.
In fact, state marriage licenses were initially used as a way to prevent interracial marriages. As a 2007 New York Times op/ed points out, licenses later became necessary in order to subsidize the welfare state.
“The Social Security Act provided survivors’ benefits with proof of marriage. Employers used marital status to determine whether they would provide health insurance or pension benefits to employees’ dependents. Courts and hospitals required a marriage license before granting couples the privilege of inheriting from each other or receiving medical information.”
In a modern political context, SB69 will reduce the state’s role in defining and regulating marriage, which has become a contentious issue and places a burden on government officials torn between the legal requirements of their jobs and their personal religious convictions. By limiting the state’s role in marriage, the legislation will allow Alabamans to structure their personal relationships as they see fit without interference or approval from the government.
Something rarely considered by those seeking to control the state’s definition of marriage is that a marriage license means a person requires government permission before getting married. In America, people generally cannot drive a vehicle without a license. People cannot practice law without a license, nor can they provide medical care. Put another way, under a licensing scheme, marriage is not a right, nor a religious institution, but a privilege granted by the state and limited by its requirements.
Consider this: In the same way a driver can lose their license if they break certain traffic laws, a man or woman, theoretically, could one day find their marriage license revoked for breaking certain “marriage” rules, whether it pertains to childrearing or their religious and political convictions.
Christopher Wesley, an associated scholar at the Mises Institute, wrote that “marriage is most endangered when it rests in the coercive hands of the State.”
Constitutionally, marriage is an issue left to the state and the people.
Removing state meddling in marriage will render void the edicts of federal judges that have overturned state laws defining the institution. The founding generation never envisioned unelected judges issuing ex-cathedra pronouncements regarding the definition of social institutions, and the Constitution delegates the federal judiciary no authority to do so.
Tags: Alabama, Marriage, SB69
Source: https://blog.tenthamendmentcenter.com/2 ... -practice/
Signed by the Governor: Alabama Eliminates Marriage Licenses; Foundation to Nullify Federal Control in Practice
-
- Site Admin
- Posts: 1503
- Joined: Sat Mar 31, 2018 11:38 pm
- County: Fairbanks
- Your State: Alive
- Contact:
Signed by the Governor: Alabama Eliminates Marriage Licenses; Foundation to Nullify Federal Control in Practice
Unread post by Destry »
“First, let no one rule your mind or body. Take special care that your thoughts remain unfettered... . Give men your ear, but not your heart. Show respect for those in power, but don't follow them blindly. Judge with logic and reason, but comment not. Consider none your superior whatever their rank or station in life. Treat all fairly, or they will seek revenge. Be careful with your money. Hold fast to your beliefs and others will listen.”
“Wise? No, I simply learned to think.”
“Wise? No, I simply learned to think.”
Jump to
- Forum Rules
- New? Start Here!
- The word of God
- ↳ His Hard Line Scriptures
- National Assembly Blog
- For users who need passwords reset or users that do not receive emails.
- Outbound email blocking
- TEN STEPS TO AN ASSEMBLY BY WILL THEY MA'KIT
- Handbook For The Restoration of The Peaceful Sovereign States of America!
- 2018.05.10 Operation & Functions By-laws NAM Generic v.2
- 1638 Fundamental Orders
- Reba Live Red State Talk Radio explaining the foundation our assemblies stand on!
- Michigan Assembly Introduction Video
- Lapbook for home schooling
- His Hard Line Podcasts on Assembly
- Announcements and Notices
- Assembly Progress Reports
- National Assembly
- ↳ Notices in progress
- ↳ National Assembly Meeting Session Archive
- ↳ Requests for Agenda subjects
- ↳ Notice of voting on motions agenda for the next national assembly business meeting.
- ↳ National Assembly Seated Positions List
- ↳ National Assembly Documents and Resources
- ↳ National Assembly Meeting Motions De Jure Motion List History in Chronological Order
- State Assembly Support
- ↳ State Assembly Documents & Support
- ↳ State Assembly General Discussions
- County Assembly Support
- ↳ County Assembly Documents & Support
- ↳ County Assembly General Discussions
- General and off topic chat
- ↳ His Hard Line EDU Spot
- ↳ His Hard Line Quick Look
- ↳ HHL-Field Training Manual 2000-25 Series
- ↳ Voice of The People News Paper
- ↳ General Off Topic Chat
- ↳ Old Historical Documents
- ↳ Letters from an American farmer
- ↳ The Republic
- ↳ Video Library
- ↳ Legal Documents
- ↳ Resourceful Websites
- ↳ Humor
- ↳ Health and Healing
- ↳ In the Kitchen
- ↳ Alternative Energy and Hidden Tech.
- ↳ General News
- ↳ 5G microwave and the space fence
- ↳ Living Without the System by Clyde Edward Powell 22 DVD disk set
- ↳ Computers and Software
- ↳ Hoaxes and Scams
- The 50 Nation=States
- ↳ Alabama
- ↳ Alabama Introductions
- ↳ Alabama General Chat
- ↳ Alabama Historical Documents
- ↳ Alaska assembled settled
- ↳ Alaska Introductions
- ↳ Alaska General Chat
- ↳ Alaska's Historical Documents
- ↳ Website
- ↳ Arizona
- ↳ Arizona Introductions
- ↳ Arizona General Chat
- ↳ Arizona's Historical Documents
- ↳ Arkansas Assembled
- ↳ Arkansas Introductions
- ↳ Arkansas General Chat
- ↳ Arkansas Historical Documents
- ↳ Website
- ↳ California assembled questionable
- ↳ California Introductions
- ↳ California General Chat
- ↳ California's Historical Documents
- ↳ Colorado
- ↳ Colorado Introductions
- ↳ Colorado General Chat
- ↳ Colorado Historical Documents
- ↳ Connecticut
- ↳ Connecticut Intruductions
- ↳ Conneticut General Chat
- ↳ Connecticut's Historical Documents
- ↳ Delaware
- ↳ Delaware Introductions
- ↳ Delaware General Chat
- ↳ Delaware's Historical Documents
- ↳ Florida assembled
- ↳ Florida Introductions
- ↳ Florida General Chat
- ↳ Florida's Historical Documents
- ↳ Website
- ↳ Georgia Assembled
- ↳ Georgia Introductions
- ↳ Georgia General Chat
- ↳ Georgia's Historical Documents
- ↳ Georgia Website
- ↳ Hawai'i assembled questionable
- ↳ Hawai'i Introductions
- ↳ Hawai'i General Chat
- ↳ Hawaii's Historical Documents
- ↳ Idaho
- ↳ Idaho Introductions
- ↳ Idaho General Chat
- ↳ Idaho's Historical Documents
- ↳ Illinois Assembled
- ↳ Illinois Introductions
- ↳ Illinois General Chat
- ↳ Illinois Historical Documents
- ↳ Indiana
- ↳ Indiana Introductions
- ↳ Indiana General Chat
- ↳ Indiana's Historical Documents
- ↳ Iowa
- ↳ Iowa Introductions
- ↳ Iowa General Chat
- ↳ Iowa's Historical Documents
- ↳ Kansas
- ↳ Kansas Introductions
- ↳ Kansas General Chat
- ↳ Kansas Historical Documents
- ↳ Kentucky assembled
- ↳ Kentucky Introductions
- ↳ Kentucky General Chat
- ↳ Kentucky Historical Documents
- ↳ Louisiana
- ↳ Louisiana Introductions
- ↳ Louisiana General Chat
- ↳ Louisiana Historical Documents
- ↳ Maine
- ↳ Maine Introductions
- ↳ Maine General Chat
- ↳ Maine Historical Documents
- ↳ Maryland
- ↳ Maryland Introductions
- ↳ Maryland General Chat
- ↳ Maryland Historical Documents
- ↳ Massachusetts
- ↳ Massachusetts Introductions
- ↳ Massachusetts General Chat
- ↳ Massachusetts Historical Documents
- ↳ Michigan assembled settled
- ↳ Michigan Introductions
- ↳ Michigan General Chat
- ↳ Michigan Historical Documents
- ↳ Website
- ↳ Minnesota
- ↳ Minnesota Introductions
- ↳ Minnesota General Chat
- ↳ Minnesota Historical Documents
- ↳ Mississippi
- ↳ Mississippi Introductions
- ↳ Mississippi General Chat
- ↳ Mississippi Historical Documents
- ↳ Website
- ↳ Missouri Assembled
- ↳ Missouri Introductions
- ↳ Missouri General Chat
- ↳ Missouri Historical Documents
- ↳ Website
- ↳ Montana assembled questionable
- ↳ Montana Introductions
- ↳ Montana General Chat
- ↳ Montana Historical Documents
- ↳ Nebraska
- ↳ Nebraska Introductions
- ↳ Nebraska General Chat
- ↳ Nebraska Historical Documents
- ↳ Nevada
- ↳ Nevada Introductions
- ↳ Nevada General Chat
- ↳ Nevada Historical Documents
- ↳ New Hampshire
- ↳ New Hampshire Introductions
- ↳ New Hampshire General Chat
- ↳ New Hampshire Historical Documents
- ↳ New Jersey
- ↳ New Jersey Introductions
- ↳ New Jersey General Chat
- ↳ New Jersey Historical Documents
- ↳ New Mexico
- ↳ New Mexico Introductions
- ↳ New Mexico General Chat
- ↳ New Mexico Historical Documents
- ↳ New York assembled
- ↳ New York Introductions
- ↳ New York General Chat
- ↳ New York Historical Documents
- ↳ Website
- ↳ North Carolina assembled
- ↳ North Carolina Introductions
- ↳ North Carolina General Chat
- ↳ North Carolina Historical Documents
- ↳ North Dakota assembled Questionable
- ↳ North Dakota Introductions
- ↳ North Dakota General Chat
- ↳ North Dakota Historical Documents
- ↳ Ohio
- ↳ Ohio Introductions
- ↳ Ohio General Chat
- ↳ Ohio Historical Documents
- ↳ Oklahoma
- ↳ Oklahoma Introductions
- ↳ Oklahoma General Chat
- ↳ Oklahoma Historical Documents
- ↳ Oregon Assembled
- ↳ Oregon Introductions
- ↳ Oregon General Chat
- ↳ Oregon Historical Documents
- ↳ Website
- ↳ Pennsylvania
- ↳ Pennsylvania Introductions
- ↳ Pennsylvania General Chat
- ↳ Pennsylvania Historical Documents
- ↳ Rhode Island
- ↳ Rhode Island Introductions
- ↳ Rhode Island General Chat
- ↳ Rhode Island Historical Documents
- ↳ South Carolina
- ↳ South Carolina Introductions
- ↳ South Carolina General Chat
- ↳ South Carolina Historical Documents
- ↳ South Dakota
- ↳ South Dakota Introductions
- ↳ South Dakota General Chat
- ↳ South Dakota Historical Documents
- ↳ Tennessee Assembled
- ↳ Tennessee Introductions
- ↳ Tennessee General Chat
- ↳ Tennessee Historical Documents
- ↳ Texas
- ↳ Texas Introductions
- ↳ Texas General Chat
- ↳ Texas Historical Documents
- ↳ Utah
- ↳ Utah Introductions
- ↳ Utah General Chat
- ↳ Utah Historical Documents
- ↳ Vermont
- ↳ Vermont Introductions
- ↳ Vermont General Chat
- ↳ Vermont Historical Documents
- ↳ Virginia
- ↳ Virginia Introductions
- ↳ Virginia General Chat
- ↳ Virginia Historical Documents
- ↳ Washington
- ↳ Washington Introductions
- ↳ Washington General Chat
- ↳ Washington Historical Documents
- ↳ West Virginia
- ↳ West Virginia Introductions
- ↳ West Virginia General Chat
- ↳ West Virginia Historical Documents
- ↳ Wisconsin - Assembled
- ↳ Wisconsin Introductions
- ↳ Wisconsin General Chat
- ↳ Wisconsin Historical Documents
- ↳ Website
- ↳ Wyoming
- ↳ Wyoming Introductions
- ↳ Wyoming General Chat
- ↳ Wyoming Historical Documents
- International Community
- ↳ Australia
- ↳ Australia General Chat
- ↳ Australia History
- ↳ Canada
- ↳ Canada Introductions
- ↳ Canada General Chat
- ↳ Canada Historical Documents
- ↳ Germany
- ↳ Germany Introductions
- ↳ Germany General Chat
- ↳ Website
- ↳ Ireland
- ↳ Ireland Introductions
- ↳ Ireland General Chat
- ↳ Slovakia
- Suggestion Box