Should Arkansas discontinue issuing marriage licenses?

Should Arkansas follow the lead of Alabama and discontinue issuing marriage licenses?

Yes, a bill was passed by the Senate and the House in Alabama and then signed into law by Governor Kay Ivey just a few weeks ago which will end the issuing of marriage licenses in Alabama when the new law takes effect in late August.

The law changes the state’s role in regard to marriage to one of recording marriage contracts rather than issuing marriage licenses which authorize couples to marry. This takes the state out of the picture in regard to defining marriage or who can marry, except that state law still requires minors between the ages of 16 and 18 to have parental consent and prohibits marriage to those less than 16 or to those already married or closely related by blood.

Under the new Alabama law, the state will no longer dictate to churches or to others who must be allowed to marry. Churches can continue to hold the Biblical teaching regarding marriage without the state telling ministers or churches they must accept a government ruling or definition of marriage.

Churches can still witness or solemnize marriage vows according to their doctrine and practices, and the state will simply record the marriage when an affidavit is filed by the couple with the state. And for those who wish to be married without a church wedding or church approval, all they need to do is submit an affidavit affirming their marriage.

The legislation was introduced largely because a number of judges in Alabama had discontinued issuing marriage licenses in their counties following the 2015 Supreme Court ruling (Obergefell v. Hodges) which essentially required states not to discriminate against same-sex couples in the issuing of marriage licenses. The Supreme Court ruling created a moral conflict for judges and court clerks whose consciences were bound by the Biblical definition of marriage, and some judges simply discontinued issuing marriage licenses because they were unwilling to sign their names to a license authorizing samesex marriages.

The legal benefits of marriage will not change; nor do the legal requirements. Those wishing to marry can do so in accord with their own beliefs and definitions of marriage. They can have a religious ceremony or not. The state’s only role is to record the affidavit.

Should Arkansas follow suit? It would seem the only honest and fair thing to do since the Obergefell v. Hodges ruling. The state would not be telling ministers and churches who may have marriage ceremonies in their churches, the churches would not be dictating to the state how it must define marriage and who can have the government benefits of marriage, and judges and court clerks would not be forced to violate their consciences by issuing marriage licenses which conflict with their views of marriage.

Some also argue that the state really has no place in issuing a license to allow what is already a God-given right and not just a privilege. And, if the state can issue a license to allow a couple to marry, could the state also decide to revoke that license and end a marriage? That certainly flies in the face of what Jesus said in Matthew 19: “What therefore God hath joined together, let not man put asunder.”

Perhaps it’s best if the state gets out of the business of issuing (and taxing via a fee) marriage licenses. That may be the best way to allow ministers and churches to teach and encourage the practice of Biblical marriage in accord with Genesis 1 and 2 and Matthew 19 without forcing those views on unbelievers.

Jesus said (Matthew 19:4-6): “Have ye not read, that he which made them at the beginning made them male and female, and said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder.”

Randy Moll is the managing editor of the Westside Eagle Observer. He may be reached by email at rmoll@nwadg.com. Opinions expressed are those of the author.