Marriage licenses; issuance of license by State Registrar of Vital Records, conscience clause. (SB40)

Introduced By

Sen. Bill Carrico (R-Grayson)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Issuance of marriage licenses; conscience clause; State Registrar of Vital Records. Provides that a clerk or deputy clerk shall not be required to issue a marriage license if such clerk has an objection to the issuance of such license on personal, ethical, moral, or religious grounds. If the clerk or deputy clerk declines to issue a marriage license on such grounds, the parties contemplating marriage may be issued a license by the State Registrar of Vital Records at a local Department of Motor Vehicles office. The bill directs the State Registrar of Vital Records to develop a process with the Commissioner of Motor Vehicles whereby parties contemplating marriage can request and be issued a marriage license at their local Department of Motor Vehicles office. Amends § 20-14, § 20-15, § 20-16, § 20-20, § 20-21, § 20-22, § 32.1-252, § 32.1-267, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/15/2015Prefiled and ordered printed; offered 01/13/16 16101517D
12/15/2015Referred to Committee for Courts of Justice
01/18/2016Impact statement from VDH (SB40)
01/27/2016Reported from Courts of Justice with amendment (8-Y 7-N) (see vote tally)
01/27/2016Reported from Courts of Justice with amendment (8-Y 6-N) (see vote tally)
01/29/2016Constitutional reading dispensed (36-Y 0-N) (see vote tally)
01/29/2016Motion to recommit to committee agreed to
01/29/2016Recommitted to Courts of Justice
02/17/2016Left in Courts of Justice

Comments

ACLU-VA LGBT Rights, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill. Public officials, particularly elected officials like clerks, take an oath to uphold the laws and constitution of the United States and Virginia. A person should not be able to choose to fulfill or not fulfill his or her public duties in any manner that results in discrimination among and between the people he or she serves. Freedom of religion is not a license to discriminate. "Conscience" would not permit a public official to choose not to serve people of color or people with disabilities or all women or all men, nor should it be allowed to be used as an excuse to discriminate against LGBT Virginians.

Equality Virginia, tracking this bill in Photosynthesis, notes:

Equality Virginia opposes this bill.

Kathy Goff writes:

I sincerely hope this bill does not pass. This position should be well defined before the applicant accepts the position. This is a government position paid for by resident tax dollars. It's not duty of the clerk to judge. Perhaps those wanting to claim this is against their beliefs should refresh themselves with Matthew 7:1-5.

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill. Public officials, particularly elected officials like clerks, take an oath to uphold the laws and constitution of the United States and Virginia. A person should not be able to choose to fulfill or not fulfill his or her public duties in any manner that results in discrimination among and between the people he or she serves. Freedom of religion is not a license to discriminate. "Conscience" would not permit a public official to choose not to serve people of color or people with disabilities or all women or all men, nor should it be allowed to be used as an excuse to discriminate against LGBT Virginians.