Power

Federal Court Orders Alabama Judges to Issue Same-Sex Marriage Licenses

Thursday's order made it clear that probate judges in the state could not refuse marriage licenses to same-sex couples.

Thursday's order made it clear that probate judges in the state could not refuse marriage licenses to same-sex couples. Shutterstock

The same federal judge in Alabama who struck the state’s ban on same-sex marriage ordered Mobile County Probate Judge Don Davis to begin issuing marriage licenses to same-sex couples late Thursday.

U.S. District Judge Callie V. S. Granade issued the order after four same-sex couples were unable to obtain marriage licenses in Mobile on Monday. In January, Judge Granade held that Alabama’s laws excluding same-sex couples from marriage are unconstitutional and may no longer be enforced. That order was set to go into effect on February 9, permitting same-sex couples across the state to marry.

Attorneys for the state filed emergency appeals with both the 11th Circuit Court of Appeals and the U.S. Supreme Court, but neither court would block Judge Granade’s order from taking effect.

On Monday, however, only a handful of Alabama counties began issuing marriage licenses to all couples. A majority of counties, including Mobile County, refused to comply with the order, citing an “administrative order” by Alabama Supreme Court Chief Justice Roy Moore that instructed probate judges not to comply with Judge Granade’s ruling.

On Thursday, Judge Granade made it clear that the Alabama ban on same-sex marriage is unconstitutional and that probate judges in the state are required to follow the law.

“If Plaintiffs take all steps that are required in the normal course of business as a prerequisite to issuing a marriage license to opposite-sex couples, Judge Davis may not deny them a license on the ground that Plaintiffs constitute same-sex couples or because it is prohibited by the Sanctity of Marriage Amendment and the Alabama Marriage Protection Act or by any other Alabama law or Order pertaining to same-sex marriage,” Granade wrote.

Judge Davis immediately began issuing marriage licenses to same-sex couples.

According to Randall Marshall, legal director of the American Civil Liberties Union of Alabama, had compliance with the order been a question, the next step would be to find the probate judge in contempt. Should that happen, the judge could face a range of penalties, including jail until they agree to comply. “Judge Granade’s ruling confirms that the U.S. Constitution requires Alabama probate judges to issue marriage licenses to all qualified couples, gay and straight,” said Marshall.