Despite a bill working through the Legislature that would protect state officials who opt out of performing same-sex marriages for religious reasons, most Golden Triangle county clerks say it would not affect their operations.

Oktibbeha County Clerk Glenn Hamilton said his office will continue to issue same-sex licenses whether the bill passes or not. He added he does not believe the Legislature should be considering the bill.

“Whoever comes in here is going to be treated the same,” Hamilton said. “As long as they come into the clerk’s office, I expect them to be treated cordially, kindly and correctly. I’m not going to judge them because of their religious or any other beliefs. I don’t think that has any place here.”

House Bill 1523 defines marriages as the union of one man and one woman and reserves sexual relationships to that definition. It also defines man and woman as a person’s biological sex as “objectively determined by anatomy and genetics at time of birth.”

The bill protects “sincerely held religious beliefs or moral convictions” that apply those standards to marriage.

It allows any state official who can license a marriage, such as circuit clerks, to not issue marriage licenses when the marriages conflict with their beliefs. Such marriages, according to the bill’s language, would be those that conflict with its defined version of marriage — such as marriage for a same-sex couple.

In order to opt out, a clerk has to provide written notice to the state and take steps to ensure that it will not impede issuing marriage licenses. The bill does not specify how a clerk would go about ensuring that delays do not occur. However, clerks can authorize deputy clerks to issue marriage licenses.

Officials say same-sex marriages have been slow to pick up in the Golden Triangle since the U.S. Supreme Court legalized them last June.

Hamilton said he’s only had two requests.

Lowndes County Circuit Clerk Teresa Barksdale said her office has only had about four–all before she was elected in November.

Clay County Circuit Clerk Robert Harrell said his office hasn’t received any.

Barksdale said her office will continue issuing same-sex licenses, even if she personally opposes such marriages. She said it’s a matter of doing her job, rather than making statements about her political or religious views.

“I was elected to perform a job,” Barksdale said. “I’m not going to not perform the duty of this office by not issuing this license. I don’t condone (same-sex marriage) but that was in place before I was elected. This office will continue to issue licenses.”

Harrell declined to comment on Monday.

HB1523 also allows state officials who can perform marriages, such as judges or magistrates, to not perform marriages due to religion. However, in such instances, an official must provide written notice to the state.

Lowndes County Justice Court Judge Ron Cooke said he and fellow judges Peggy Phillips and Chris Hemphill decided to stop issuing marriage licenses after the Supreme Court’s ruling last summer.

The state requires a circuit clerk’s office to issue licenses. However, Cooke said the law gives judges a choice on whether to perform marriage ceremonies.

“We decided, to keep from any kind of confrontation or anything, that we wouldn’t do any marriages at all,” Cooke said. “Even if this bill did pass, as far as myself and I think the other two judges, I don’t think we would look at that as to protect us. We’ll still just maintain that we won’t perform any at all.”

Even without the judges performing marriages, Cooke said other options are available for people.

“There’s so many avenues out there that are available to people,” Cooke said. “You can get ministers online to marry people. It’s not like, ‘What am I going to do?'”

Oktibbeha County Justice Court Judge Tony Boykin said he wasn’t familiar with HB1523 and declined to comment.

Alex Holloway was formerly a reporter with The Dispatch.