A bill that allows magistrates to opt out of performing weddings for same-sex couples, on religious grounds, passed in the state Senate Wednesday, and will now go to the House.

Senate Bill 2 passed 32-16. Support for the bill was almost all on the GOP side. But two Republicans – Sen. John Alexander of Raleigh, and Sen. Jeff Tarte of Cornelius – voted against it.

And two Democrats – Sen. Ben Clark of Raeford and Sen. Joel Ford of Charlotte – sided with the majority.

SB2’s primary sponsor is Senate President Pro Tem Phil Berger, a Republican from Rockingham County.

The bill states that: “Every magistrate has the right to recuse from performing all lawful marriages under this Chapter based upon any sincerely held religious objection. Such recusal shall be upon notice to the chief district court judge and is in effect for at least six months from the time delivered to the chief district court judge.

“The recusing magistrate may not perform any marriage under this Chapter until the recusal is rescinded in writing. The chief district court judge shall ensure that all individuals issued a marriage license seeking to be married before a magistrate may marry.”

Sarah Preston, policy director for the American Civil Liberties Union of North Carolina, urged a Senate panel on Monday not to move SB2 to the floor for a vote.

“The American Civil Liberties Union that is interested in both protecting religious freedom and the rights of gay and lesbian individuals,” said Preston. “And we see this as an attempt to allow government officials to impose their religious beliefs on North Carolinians, and pick-and-choose which job duties they wish to perform. And for that reason, we find it incredibly troubling.”

Preston said she shares the concern of some Democratic legislators that, if passed into law, SB2 could have consequences beyond those intended by its sponsors and supporters.

“What you could very well see,” said Preston, “is a situation where a couple, whether they’re a same-sex couple, or an interracial or interfaith couple, actually go into a government office, and they are seeking to have a marriage performed, and they could be told, ‘No, hang on a minute, I have to go talk to my supervisor.’

“And that magistrate could recuse himself, right there, on the spot. So you could see people being getting discriminated against. You could see people getting stigmatized.”

Preston said that the idea of magistrates opting out of job duties is such “a new concept,” she’s not yet sure how events will proceed through the courts, if the bill becomes law. She said she hopes that people will contact the ACLU, if they feel they’ve suffered discrimination from it.

Similar bills have been introduced in Indiana, Georgia, and Arkansas.