If the bill passes, Probate Judges "may" issue instead of "shall" issue... marriage licenses..

A bill to eliminate marriage licenses and end the requirement for a marriage ceremony in Alabama is on the move in the state Legislature.

Sen. Greg Albritton, R-Range, has introduced the legislation several times since the U.S. Supreme Court legalized same-sex marriage in 2015 in the case Obergefell v. Hodges.

Albritton's bill, which has changed some from the initial version, has passed the Senate previously. Last week, senators made it one of the first bills they passed this session when they approved it on a 19-1 vote.

The House Judiciary Committee is scheduled to consider it on Wednesday, which could set it up for a final vote in the House next week.

Instead of applying for a marriage license, a couple would submit a form to the probate judge swearing that they are of legal age, are entering the marriage willingly, are not already married and are not related by blood or adoption. The probate judge would record the form as the official marriage document.

Current Alabama law says probate judges "may" issue marriage licenses but does not say they are required to. Some probate judges in Alabama stopped issuing marriage licenses altogether after the Obergefell decision because they did not want to issue licenses to same-sex couples.

http://www.al.com/news/index.ssf/2018/01/bill_to_eliminate_marriage_lic_1.html#incart_river_home