(1) As used in this section:
(a) "Eligible couple" means two individuals that may legally marry each other in this state.
(b) "Specified characteristic" means the race, ethnicity, or national origin of a party to the marriage.
(2) Regardless of the date of the marriage, a marriage between two individuals may not be deemed invalid or prohibited because of a specified characteristic.
(3) The office of a county clerk may not refuse to issue a marriage license to an eligible couple because of a specified characteristic.
(4)
(a) The office of a county clerk may not refuse to solemnize the marriage of an eligible couple because of a specified characteristic.
(b) Subsection (4)(a) does not prevent a county clerk from delegating or deputizing another individual to solemnize a marriage in accordance with Sections 17-70-302 and 81-2-305.