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The bill requires that every county record marriage certificates, replacing the previous wording that probate judges "may" issue marriage licenses. Under the new law, a couple seeking to marry is no longer required to file an application for a marriage license with the county probate court, and the courts will no longer issue marriage licenses.
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A marriage certificate is given to a couple who have married. Until the introduction of electronic registration of marriages in May 2021, copies were made in two registers: one was retained by the church or register office; the other, when the entire register is full, was sent to the superintendent registrar of the registration district.
By 2017, eight counties were still protesting by refusing to issue any marriage licenses at all. In May 2019, the Alabama Legislature decided counties were required to record marriage certificates. On August 29, 2019, all Alabama counties began recording marriage certificates for all couples (including interracial and same-sex couples).
The largest county is Baldwin (1,590 sq mi, 4,118 km 2) and the smallest is Etowah (535 sq mi, 1,386 km 2). [8] The Constitution of Alabama requires that any new county in Alabama cover at least 600 square miles (1,600 km 2) in area, effectively limiting the creation of new counties in the state. [9]
(c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract. (d) No marriage license shall be issued in the State of Alabama to parties of the same sex.