The Oklahoma House of Representatives has passed a new bill that abolishes the need for marriage licenses.
The move is in order to protect court clerks from conflicting decisions in the federal court and state governments, especially in relation to cases involving gay marriage.
After a 67-24 vote, the measure, sponsored by Rep. Todd Russ, R-Cordell, amends language in the state law that governs the responsibilities of court clerks, removing all references to marriage licenses.
The measure stemmed from a decision by the federal court last year to overturn the state's ban on same sex marriage. Russ said that in response to the federal government's bid to change the traditional definition of marriage, the measure would give the responsibility of issuing marriage certificates to the clergy.
"Marriage was historically a religious covenant first and a government-recognized contract second. Under my bill, the state is not allowing or disallowing same-sex marriage. It is simply leaving it up to the clergy," Rep. Russ said.
Without the need for marriage licenses, court clerks will instead be responsible for recording marriage certificates signed by the clergy, as well as affidavits of common law marriage for those who choose not to celebrate religious ceremonies.
Democrats have earlier expressed concerns that the removal of state's involvement in regulating marriages may result in a "Pandora's box" of issues, including polygamy.
Gay rights groups like Oklahomans for Equality and Freedom Oklahoma, have expressed opposition to the bill, saying the marriage certificates and affidavits may not be recognised by other states or the federal government without the marriage licenses.
Meanwhile, Americans United for Separation of Church and State has denounced the bill as being biased against same sex couples, and nontheists, including atheists, to which Russ responded by saying that there is always the option of filing an affidavit of common law marriage if individuals do not want a spiritual aspect to their union.
The Senate has yet to approve the bill, which is being sponsored by Sen. Anthony Sykes, chairman of the Judiciary Committee. If it is approved by the Senate, the law could take effect by November 1.
