Rhiannon Hendricks
Same-sex marriage has been legal in many countries and states for some time, but there are still some places where it is not permitted. In the US, same-sex marriage has been legal in Alabama since 2015, but some counties were initially resistant to performing same-sex marriage ceremonies. While same-sex marriage is now legally recognised in Alabama, probate judges are not required to perform marriage ceremonies for same-sex couples. In some states, there are no records of same-sex marriages being performed in Native American cultures. However, in Maricopa County, Arizona, same-sex weddings are performed in the Justice Courts, and in Maryland, same-sex marriage is also legally recognised, with ceremonies performed at the Circuit Court Clerk's office.
| Characteristics | Values |
|---|---|
| Location | The U.S. states of Alabama, California, and Maricopa County, Arizona |
| Requirements | Marriage licenses, valid government-issued photo ID, proof of dissolution of previous marriage, and witnesses |
| Cost | Varies by location and judge; marriage license costs range from $98 to $129 |
| Timing | Ceremonies typically occur after 5 PM, with no interruptions to court proceedings |
| Photography | Generally prohibited, but permission from the judge may be granted |
| Ceremony Type | Civil (legal) ceremony, not religious; vows are exchanged |
| Duration | Approximately 10-15 minutes |
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What You'll Learn
Same-sex marriage legality in Alabama
Same-sex marriage has been legal in Alabama since June 26, 2015, following the U.S. Supreme Court's ruling in Obergefell v. Hodges. However, the road to legalisation was not without its challenges, and Alabama has a history of refusing to recognise same-sex marriages performed in other jurisdictions.
The legal definition of marriage in Alabama is outlined in the Sanctity of Marriage Amendment, which defines marriage as a relationship between a man and a woman, emphasising the state's interest in promoting societal stability and traditional family values. This amendment served as a barrier for same-sex couples seeking legal recognition of their marriages and prevented them from accessing the same rights and privileges as heterosexual married couples.
Despite the legalisation of same-sex marriage in 2015, not all counties in Alabama immediately complied with the ruling. Some counties refused to issue marriage licenses to anyone, while others only issued licenses to opposite-sex couples. This prompted legal action, with several same-sex couples filing suits against the state, arguing for their right to marry.
In May 2019, the Alabama Legislature passed a bill requiring probate judges to record marriage certificates for all couples, regardless of gender, while removing the obligation to perform marriage ceremonies. This bill was seen as a “necessary compromise" by Senator Greg Albritton, who sponsored it. By August 29, 2019, all counties in Alabama were recording marriage certificates for interracial and same-sex couples.
While same-sex marriage is now legally recognised in Alabama, same-sex couples still face legal challenges and may be denied certain protections and benefits enjoyed by heterosexual married couples. These challenges include issues related to property rights, parental rights, and healthcare decision-making.
In terms of courthouse weddings, some counties, such as Maricopa County, allow judges to perform both same-sex and opposite-sex weddings. These ceremonies are typically held after 5 pm in the courtroom and last around 10-15 minutes. Couples are advised to arrive before 4:30 pm to ensure enough time to clear security. While photos and videos are generally prohibited in the courthouse, the judge may waive this rule with permission.
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Marriage licenses and fees
In the US, marriage laws vary by state and county. In some states, same-sex marriage has only recently been legalised, and the process for obtaining a marriage license may differ from county to county.
In Alabama, same-sex marriage has been legal since June 26, 2015, following the U.S. Supreme Court's ruling in Obergefell v. Hodges. However, not all counties immediately complied with the ruling. By 2017, eight counties refused to issue marriage licenses to anyone. In May 2019, the Alabama Legislature passed a bill requiring counties to record marriage certificates for all couples, removing the obligation for probate judges to perform marriage ceremonies. As of August 29, 2019, all counties in Alabama began recording marriage certificates for interracial and same-sex couples. To obtain a marriage license in Alabama, couples must complete a marriage certificate, have it notarized by two notaries public, and deliver it to the probate court for recording.
In Maricopa County, Arizona, marriage licenses are issued by the Clerk of Superior Court and are valid for one year from the date of issue. The cost of a marriage license is $98, payable by cash, money order, or credit card. The actual wedding ceremony is conducted by a judge and typically takes place after 5 p.m. The cost of the ceremony is set by the individual judge and must be paid in cash.
In California, marriage licenses are issued by the County Clerk and are valid for 90 days from the date of issue. The fee for a non-confidential marriage license is $129. The marriage ceremony must be performed within the state of California and before the license expires.
In Maryland, same-sex marriage is legal as long as the law does not otherwise prohibit the individuals from marrying (e.g., if they are closely related). Each jurisdiction has different license fees, so it is recommended to contact the Circuit Court Clerk's office where you plan to marry. A civil ceremony can be performed by a judge, a Clerk of the Circuit Court, or a designated Deputy Clerk of the Circuit Court.
It is important to note that marriage laws and fees may change over time, so it is always best to check with the relevant county or state authorities for the most up-to-date information.
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Courthouse rules and procedures
Marriage Licenses
A marriage license is typically required to be purchased before a ceremony can take place. The cost of a marriage license varies depending on the jurisdiction, with some counties in California charging $129 for a non-confidential marriage license. In Maricopa County, Arizona, the marriage license costs $98. Marriage licenses are generally valid for a certain period after they are issued, usually around 90 days, and must be used within the state in which they were issued. Some states, such as California, require at least one witness to be present to sign the marriage license.
Ceremonies
Ceremonies are typically conducted by a judge, although some states allow other officials such as a Clerk of the Circuit Court or an appointed Deputy Clerk to perform the ceremony. In some states, such as Alabama, probate judges are not required to perform marriage ceremonies but must record marriage certificates for all couples. Ceremonies are often short, lasting around 10-15 minutes, and are usually held in the courtroom. Some courthouses may allow outdoor ceremonies, but these are subject to change due to weather or other events.
Appointments
Some courthouses allow couples to make appointments for their weddings, while others may only accept walk-ins. It is recommended to arrive early, especially for walk-ins, to allow time for security checks and signing in. Courthouse doors typically lock precisely at 5 p.m., and no one is allowed to enter after that time.
Payment
The cost of the ceremony itself is usually set by the individual judge and must be paid in cash as it takes place in the courtroom where the judge cannot process other forms of payment.
Photography
Most courthouses prohibit photos and videos anywhere inside the building, including hallways and lobbies. However, the judge may waive this rule in their courtroom with prior permission.
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Religious same-sex weddings
Same-sex marriage has been legal in Alabama since June 26, 2015, following the U.S. Supreme Court's ruling in Obergefell v. Hodges. However, some counties initially refused to comply with the ruling, reminiscent of their behaviour during the civil rights era when they refused to perform interracial marriages. While same-sex marriage is now legally recognised in Alabama, probate judges are not obligated to perform marriage ceremonies for same-sex couples, only to record marriage certificates.
In Maricopa County, Arizona, judges in the Justice Courts perform both same-sex and opposite-sex weddings. These ceremonies are civil and non-religious, taking place in the courtroom and lasting around 10-15 minutes.
While same-sex marriage remains a contentious issue within many religious groups, a growing number of organised religious groups in the United States have issued statements welcoming LGBTQ+ people as members. For example, in 2012, the General Convention of the Episcopal Church approved a liturgy for blessing same-sex relationships, which includes an exchange of vows and a commitment to a lifelong relationship. Similarly, the Evangelical Lutheran Church of America (ELCA) voted in 2009 to allow individual congregations to recognise and bless same-sex unions.
The United Methodist Church top court has ruled that congregation trustees cannot prevent pastors from using church facilities to perform same-sex weddings, and that pastors have the discretion to refuse to perform any wedding ceremony.
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Ceremony locations
In the United States, same-sex marriage laws vary by state. It's important to check the laws and regulations in your state or county before planning your wedding. Here are some key points and examples regarding ceremony locations for same-sex weddings:
Courthouse Weddings:
In some states, like Maricopa County in Arizona, you can get married at a courthouse. The weddings are typically short civil ceremonies led by a judge in the courtroom. While same-sex weddings are performed, it's important to note that they are often treated as discretionary rather than mandatory, meaning a judge won't interrupt ongoing court proceedings to perform a wedding. Additionally, courthouses may have restrictions on photography and video recordings.
Religious Ceremonies:
Same-sex weddings in religious settings are subject to the discretion of the religious leaders and the policies of their denomination. For example, The United Methodist Church's top court ruled that a congregation's trustees cannot prevent their pastor from using church facilities to perform a same-sex wedding. However, the pastor has the ultimate discretion to decide whether to perform the ceremony.
Marriage Licenses and Locations:
The requirements for marriage licenses and their validity periods vary by state. For example, in California, you must obtain a marriage license before the ceremony, and the license is valid for 90 days. The ceremony can then take place anywhere in the state with at least one witness. In contrast, Alabama previously required couples to obtain a marriage license from the county probate court, but as of 2019, couples only need to complete a marriage certificate, which is then recorded by the county.
Outdoor Ceremonies:
Some states, like California, offer outdoor ceremony options at specific locations, such as the County Administration Center's west arbor. These locations are often subject to availability and may be impacted by weather or other events. It's important to check with your local county clerk's office for available options and requirements.
Military Weddings:
Active military members may have the opportunity to have their wedding ceremony conducted by a judge at no cost during the day. However, it is important to call ahead and inquire about this option.
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Frequently asked questions
Same-sex marriage has been legal in Alabama since June 26, 2015, however, there is no obligation for probate judges to perform marriage ceremonies for same-sex couples. All counties are required to record marriage certificates for same-sex couples.
All judges in the Maricopa County Justice Courts perform same-sex and opposite-sex weddings.
The San Diego County Administration Center performs civil ceremonies by appointment only.
