Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/11/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB76 | |
| HB307 | |
| HB20 | |
| SB195 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 195 | TELECONFERENCED | |
| += | SB 47 | TELECONFERENCED | |
| += | SJR 14 | TELECONFERENCED | |
| += | HB 208 | TELECONFERENCED | |
| + | SB 76 | TELECONFERENCED | |
| += | HJR 21 | TELECONFERENCED | |
| += | HB 307 | TELECONFERENCED | |
| += | HB 44 | TELECONFERENCED | |
| + | HB 20 | TELECONFERENCED | |
| + | SB 134 | TELECONFERENCED | |
HB 20-SOLEMNIZE MARRIAGE: ELECTED OFFICIALS
3:49:42 PM
CHAIR COGHILL announced the consideration of HB 20. [CSHB
20(JUD) was before the committee.]
3:50:30 PM
SARA PERMAN, Staff, Representative Matt Claman, Alaska State
Legislature, Juneau, Alaska introduced HB 20 on behalf of the
sponsor reading the following statement:
In financially challenging times like we face today,
I'm reminded that part of our role as elected
officials is to reduce red tape and make government
accessible to the public. In introducing this bill,
I'd like to make marriage more easily accessible. This
bill will allow couples to have their marriage
solemnized directly by elected officials. It allows it
to be a friendly face of government while providing a
service to the public. Being able to perform marriages
would be a privilege and we'd be fortunate to have the
opportunity. Finally, the bill puts into statute the
constitutional principle that religious figures and
others cannot be compelled to perform marriages.
House Bill 20 amends Alaska marriage code to add
language that allows marriages to be solemnized by
elected officials in the state of Alaska.
Section 1 amends Alaska Statute 20.05.261(a) relating
to who may solemnize a marriage. Currently, the
statute only allows for marriage solemnization by a
religious official which includes ministers, priests,
rabbis or commissioned officers of the Salvation Army,
marriage commissioner or judicial officer or a
religious organization or congregation. House Bill 20
adds language to add to the list an individual holding
an elective office in the state.
Section 2 adds a new subsection to the same statute
that says that no religious official, organization, or
elected official that is authorized to perform
marriages is obligated to do so.
Section 3 broadens the circumstances covered by Alaska
Statute 25.05.281, marriage by an unauthorized person.
If a person falsely claiming to be an elected
official, solemnizes a marriage and that marriage is
consummated on the belief that the individuals have
been lawfully married, the marriage is still
considered valid.
The purpose of this bill is to make marriage
accessible to all Alaskans. We recognize that marriage
opens doors for people. There are over 1,100 places in
federal laws and programs where being married expands
an individual's opportunities. Examples include:
access to health care for one's spouse or having
eligibility for family medical leave. Frankly, we
believe that this bill is a family-first bill that
allows people to receive greater benefits that are
good for all Alaskans.
Additionally, House Bill 20 also allows elected
officials to be good stewards of government. It allows
elected officials to interact on a one-on-one basis
with constituents, providing a service that will have
a lasting impact on constituents' lives. Whereas
couples can currently have anyone solemnize a marriage
through a marriage commissioner appointment, there is
a $25 fee and the process can be time consuming.
Having an elected official available provides a
simple, cost-free outlet. This may also apply to
couples who may not be affiliated with a particular
religious organization. They would be able to have an
elected official perform their wedding without having
to go through the process of arranging for a marriage
commissioner appointment. In smaller town or rural
areas with limited resources, this change provides one
more outlet for marriage solemnization. For example,
if a couple in a remote Alaskan village are set to be
married and the minister becomes ill, the mayor could
step in on short notice.
With that, I'll stress nothing in this bill mandates
the elected officials must solemnize marriage. And
I'll also note that the Department of Health and
Social Services has assigned a zero fiscal note to
this bill. This bill actually may remove the expense
of citizens who otherwise pay a $25 fee for a marriage
commissioner appointment.
3:54:00 PM
SENATOR SHOWER asked her to clarify the provision regarding the
validity of a marriage solemnized by an unauthorized person.
MS. PERMAN said her understanding is that if a person does not
have the authority to conduct a marriage but the people getting
married were unaware of that fact, the state would accept the
marriage as valid once it was consummated. That is current
statute and the bill adds elected officials. If someone
erroneously believed an individual was an elected official and
had the authority to perform a marriage, the state would
recognize that marriage once it was consummated.
CHAIR COGHILL noted the ongoing debate about who should be
allowed to marry, and expressed appreciation that the bill does
not create a duty or obligation to perform a marriage.
3:56:01 PM
MS. PERMAN advised that the bill is in response to the 2015
Supreme Court ruling that the First Amendment ensures that
religious organizations and persons are given proper protection
to decline to perform a marriage.
CHAIR COGHILL asked the court representative if that
interpretation was correct.
UNIDENTIFIED PERSON in the audience confirmed that judges must
marry people.
CHAIR COGHILL summarized that court officials must marry people
but everyone else may marry people.
3:57:00 PM
CHAIR COGHILL held HB 20 for future consideration.