Pike Co. Probate Judge Will Not Issue Marriage Licenses
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In a release to Alabama News Network: Pike County Probate Judge Wes Allen announced today, effective immediately, the Pike County Probate Office will no longer issue marriage licenses or perform marriage ceremonies.
Judge Allen explained that this decision allows him to operate under the law while adhering to his deeply held Christian beliefs. “The people of Pike County elected me to perform my duties and they also elected me because of who I am and the values I live by,” Allen explained. “I am choosing to take the Pike County Probate Office out of the marriage licensing business altogether. That is completely within my rights under the laws of Alabama.”
Alabama Law, specifically Alabama Code Section 30-1-9, states that “Marriage licenses may be issued by the judges of probate of the several counties.”
Allen points to the word “may” in the statue to show that Alabama law does not mandate that he issue marriage licenses. Allen also explained that Alabama Law Code Section 30-1-7 gives Probate Judges discretion regarding the performance of marriage ceremonies. Effective immediately, he is choosing not to issue any marriage licenses and is declining to perform any marriage ceremonies.
“The word ‘may’ implies that I have a choice,” Allen said. “At this time, I am exercising my right to choose not to issue any marriage licenses to anyone.”
Judge Allen explained that his decision will allow him to operate under the law while adhering to his deeply held religious beliefs. Article I, Section 3.01 of the Alabama Constitution, known as the Alabama Religious Freedom Amendment, states that “Government shall not burden a person’s freedom of religion.” The amendment “applies to all government rules and implementations.” Similarly, when the United States Congress enacted the Religious Freedom Restoration Act, it restricted the ability of government to burden the free exercise by citizens of their religious beliefs.
“I believe that the Alabama Constitution and federal law protect my right to both live my life as a Christian and perform my elected duties,” Allen stated. “The way that the law allows me to do that is by giving me the discretion to end the issuance of marriage licenses and that is the legal course I am taking.”
Pike County residents who are seeking marriage licenses can do so at any Probate Judge’s office in the state that offers that service and are not required to apply for their license in their county of residence.
