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Paul Hard stands outside a Montgomery County courthouse where the probate office is located after obtaining an amended death certificate for his late husband. He spent most of the day supporting gay marriages obtaining marriage licenses. (Erin Edgemon/eedgemon@al.com)

Opponents to a proposed bill that would give public officials and others the right to refuse to perform marriage ceremonies say that right is already included in the First Amendment.

Paul Hard, a professor and ordained Baptist minister, said passing the law would give officials the excuse to discriminate against couples based on being gay, religion, past divorces and a variety of other reasons.

He said it is not the job of public officials, such as probate judges, to decide who should and should not be allowed to marry.

The Alabama House Judiciary Committee held a public hearing today on the proposed Freedom of Religion in Marriage Protection Act that the sponsor, Rep. Jim Hill, R-Moody, said would give probate judges and ministers the right to refuse to perform marriage ceremonies.

"That is all that is in this bill," Hill, who serves as committee vice chair, said.

Besides hearing comments from the public, the committee took no action on the bill today. They are expected to discuss it at length Thursday at 10:30 a.m.

Members of the Human Rights Campaign of Alabama, Equality Alabama and the ACLU of Alabama were in attendance at the hearing.

"In 15 years of ministry, no one has ever compelled me to marry them, and no has ever been able to do so due to separation of church of state," Hard said.

During his 5 minutes at the podium, Hard spoke of getting the news nearly three years ago that his husband had been in a serious car accident and being denied access to see him in the hospital.

Hard married Charles David Fancher in Massachusetts in 2011, but Alabama didn't recognize their marriage until gay marriage was temporarily legalized on Feb. 9.

Granting marriage licenses to gay couples was essentially halted after an Alabama Supreme Court ruling released Tuesday night.

See related: Montgomery widower obtains amended death certificate for late husband; celebrates 'bittersweet' day

Hard and others said passing Hill's bill would open the state up to litigation.

Michael Buchanan said he fled Alabama after earning his college degree. He said laws discriminating against gay couples aren't attracting people to the state.

"I am back to say this isn't right," he said.

Montgomery attorney Kelly McDaniel Day said she married a woman, her partner for 27 years, four days ago. They have four children together.

"It is so embarrassing to me when Alabama fights progress tooth and nail," she said the lawmakers. "We look like idiots."

Day said majority doesn't rule when there is due process.