A bill to eliminate marriage licenses and end the requirement for a marriage ceremony in Alabama is on the move in the state Legislature.

Sen. Greg Albritton, R-Range, has introduced the legislation several times since the U.S. Supreme Court legalized same-sex marriage in 2015 in the case Obergefell v. Hodges.

Albritton's bill, which has changed some from the initial version, has passed the Senate previously. Last week, senators made it one of the first bills they passed this session when they approved it on a 19-1 vote.

The House Judiciary Committee is scheduled to consider it on Wednesday, which could set it up for a final vote in the House next week.

Instead of applying for a marriage license, a couple would submit a form to the probate judge swearing that they are of legal age, are entering the marriage willingly, are not already married and are not related by blood or adoption. The probate judge would record the form as the official marriage document.

Current Alabama law says probate judges "may" issue marriage licenses but does not say they are required to. Some probate judges in Alabama stopped issuing marriage licenses altogether after the Obergefell decision because they did not want to issue licenses to same-sex couples.

Albritton said he opposed the decision in the Obergefell case. But the senator said the bill is intended to bring the state into compliance with it and eliminate the discretion by probate judges on whether to issue a license.

"It requires that the form that's presented to be recorded must be accepted," Albritton said.

Washington County Probate Judge Nick Williams stopped issuing marriage licenses after the Obergefell decision. Williams said he does not believe the Supreme Court had the authority to "redefine" marriage because he said God created marriage.

If Albritton's bill becomes law, Williams said he would abide by it and record marriages, including those of same-sex couples. Williams said there's a difference between simply recording a document and placing his signature on a license.

Williams said he doesn't believe probate judges should have ever been asked to issue marriage licenses because he said they are licenses of the state, not the counties.

The Alabama Probate Judges Association is not taking a position on Albritton's bill, Williams said. Williams is co-chairman of the association's legislative committee.

State Rep. Patricia Todd, D-Birmingham, said she would vote for Albritton's bill because she doesn't think the state should be in the position of deciding who can marry and should have changed the law years ago. But Todd said it bothers her that the catalyst for making it happen was the decision by some probate judges to stop issuing licenses because of their opposition to same-sex marriage.

Todd said she does not begrudge probate judges who decline to perform marriage ceremonies for same-sex couples because of their beliefs. She said that discretion should not extend to denying marriage licenses.

"When you get elected to office or take a job you have certain responsibilities," Todd said.

Under current law, a couple that has received a marriage license must also have a ceremony to "solemnize" the union. State law 30-1-7 broadly defines who can perform a marriage ceremony, including "any licensed minister of the gospel," "the pastor of any religious society," and active and retired judges and probate judges. The person conducting the ceremony is responsible for certifying the marriage to the probate court.

Albritton said the language about "licensed minister" is ambiguous and the requirement for a ceremony entangles the state unnecessarily in what should be a private affair. His bill abolishes the requirement for a ceremony.

The cost of having a marriage document recorded would be the same as applying for a license.

"It doesn't change the fees, it changes very little of the process," Albritton said. "But it does allow and kind of takes a libertarian view of getting the state out of it as much as possible and leaving the individuals to do as they choose and making the government recognize those marriages that are entered into."

Joe Godfrey, executive director of the Alabama Citizens Action Program, which lobbies the Legislature on behalf of churches, said ALCAP has not taken an official position on Albritton's bill. But Godfrey said he's telling legislators that they support the bill because he considers it the best option for taking probate judges out of the position of issuing licenses that conflict with their religious convictions.

Albritton was asked if his opposition to the Obergefell decision was a factor in bringing the bill.

"We have to bring a bill because of the decision," Albritton said. "I can't change the decision. That decision is the law of the land. The only thing I can do is try to make it easier and try to find some kind of middle ground that we in Alabama can live under that law."

The Senate convenes at 2 p.m. on Tuesday and the House convenes at 3.