My friend Peter Leithart thinks the “most promising, and most peaceable” way out of our current marriage law impasse is a bill currently making its way through the Alabama legislature.
“SB377 would remove the duty of confirming marriages from county probate judges and allow marriages to be recorded by the state after filing a simple contract between two people eligible to be married that is solemnized by a pastor, attorney, or other authorized witness.
“This means that should the bill pass, only heterosexual couples will be eligible, but if gay marriage is legalized across the country by a U.S. Supreme Court ruling, that eligibility would be expanded to homosexual couples.”
And that last phrase shows why this proposal presents no way out at all. If the Supreme Court decides in favor of traditional marriage, then Alabama doesn’t need to change anything. And if they decide against, then the change will have been worthless. It will have been worthless because states which are in agreement with the biblical definition of marriage will then be required to deny righteousness and affirm unrighteousness, and we will continue to have all the same “celebration” battles over registered couples.