County recorders who refuse to issue marriage licenses to same-sex couples would be exempt from prosecution or civil penalties under an amendment filed by Republican state Sen. Merlin Bartz of Grafton.

The amendment was attached to a bill regarding the authoriy of county recorders and with county land record information systems. Senate President Jack Kibbie, D-Emmetsburg, ruled the proposed amendment “not germane,” and thus it could not be considered.

Recorders could refuse to issue a marriage license as a “matter of conscience,” Bartz said.

“Supreme Court has pushed county recorders into an unenviable position,” he said.

During his speech to the Senate, Bartz said he has heard from several county recorders who said they were willing to resign before issuing marriage licenses to same-sex couples, although he did not specifically name any local officials.  He also addressed criticism that trying to get around the recent Supreme Court ruling legalizing same-sex marriage by any means other than a constitutional amendment could be considered a violation of a legislator’s oath of office.

“The constitution that those county recorders swore an oath to, I swore an oath to, and the seven justices of the Supreme Court swore an oath to must be different constitutions,” he said.

This marks the fourth attempt at forcing a debate on same-sex marriage in the past week. The other three took place in the House and a fourth is expected later this week during debate on a Democratic tax reform bill.