MONTGOMERY, Ala. (WIAT) — UPDATEX3: 32 of Alabama’s 67 counties are issuing marriage licenses to same-sex couples. 22 are waiting the 21 days until the Supreme Court ruling goes into effect.
Several probate courts have shut down marriage license operations altogether.
UPDATE (X2): ACLU of Alabama issued the following statement on the refusal of judges to marry same-sex couples:
Alabama’s probate judges are under an immediate obligation to issue marriage licenses to qualified same-sex couples, say the four civil-rights organizations that are representing same-sex couples in the state.
Pursuant to a May 21 order by Judge Callie V.S Granade in Strawser v. Strange, probate judges became obligated to obey the U.S. Constitution and issue marriage licenses to same-sex couples on the date that “the Supreme Court issues its ruling” in Obergefell v. Hodges. The ruling in Obergefell was issued on June 26, so Judge Granade’s injunction is now in effect.
Some press reports and individuals have misinterpreted a recent order of the Alabama Supreme Court, and statements by Supreme Court Chief Justice Roy Moore, to suggest that probate judges need not comply with Judge Granade’s injunction until the expiration of a 25-day rehearing period for Supreme Court decisions.
Those reports are inaccurate both because Judge Granade’s order went into effect immediately on June 26, and because the Supreme Court’s decision became the law of the land on the day it was issued. Indeed,in a statement, Moore said the order only calls for motions or briefs “addressing the effect of the U.S. Supreme Court’s decision in Obergefell v. Hodges,” adding, “In no way does the order instruct probate judges of this State as to whether or not they should comply with the U.S. Supreme Court’s ruling in Obergefell.”
The Association of County Commissions of Alabama, which provides legal advice and insurance coverage to counties, has also advised county probate judges to begin issuing marriage licenses to same-sex couples immediately. The Alabama Governor and Attorney General have likewise stated that they will comply with the Supreme Court’s decision without further delay.
Strawser v Strange is being litigated jointly by Americans United for Separation of Church and State, the American Civil Liberties Union of Alabama, the National Center for Lesbian Rights and the Southern Poverty Law Center, on behalf of all same-sex couples in Alabama who wish to marry.
UPDATE: According to the U.S. Supreme court’s ruling, gay marriage is legal everywhere but you can’t get a marriage license everywhere in Alabama.
WIAT called around and found out Jefferson County began issuing licenses right away last week. By Monday morning, Shelby, Chilton, Etowah, St. Clair, Walker, and Calhoun counties had followed suit and began issuing licenses to everyone.
We also called Tuscaloosa County; the probate court there is taking applications from same sex couples but not issuing a single marriage license for 21 days.
Cullman and Blount counties aren’t issuing marriage licenses at all for now and Bibb County Judge Jerry Pow told me they are “out of the marriage business.”
The Association of County Commissions of Alabama sent a memo to probate judges Monday morning, recommending that they follow last Friday’s U.S. Supreme Court ruling beginning at 10:00 a.m. The ACCA provides liability insurance to judges.
As of 10 a.m. Monday morning, these counties confirmed they were issuing licenses to same-sex couples at the time:
- Jefferson
- Shelby
- Chilton
- Etowah
- Calhoun
- Walker
- St. Clair
The Human Rights Campaign stated in a blog post today that the order does “not order a stop to the issuance of marriage licenses to same-sex couples.”
The Equality Alabama Board Chair Benjamin Newbern released a statement regarding the latest developments in Alabama on marriage equality:
“Our position remains the same. Marriage licenses should be issued immediately. There is nothing to delay this implementation. The Supreme Court’s ruling is clear. Same sex couples have the same rights and privileges under the 14th amendment. The time is now to comply.
Each day is further harm to these couples. They have waited long enough.
In football terms: The 4th quarter is over, there is no time on the clock. The Hail Mary pass was intercepted by the opposing team. The likelihood of a rehearing at the Supreme Court is about as likely as snow in Alabama this weekend.”
WIAT 42 News will continue to follow this developing story. Tune in at 5 for more details.
CLICK to read the original Alabama Supreme Court order.
ORIGINAL: The Alabama Supreme Court issued an order Monday that, at first, seemingly puts a halt to Alabama probate judges issuing same-sex marriage licenses for 25 days. However, judges later clarified that the order had no effect on the ability of Alabama probate judges to issue marriage licenses to same-sex couples, saying that the SCOTUS decision was the law of the land.
WIAT spoke to a Bibb County Probate Judge who stated that they are effectively out of the marriage business. He clarifies that means they are done completely: no licenses or marriage ceremonies.
The order, officially called a writ of mandamus, lists the State of Alabama, the Alabama Policy Institute, the Alabama Citizens Action Program and John E. Enslen, in his official capacity as the Probate Judge for Elmore County in regards to Jefferson County Probate Judge Alan King.
Cornell University defines a writ of mandamus as “an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.”
The order states that the parties in the Supreme Court ruling that made same-sex marriage a legal right nationwide have a period of 25 days to file a petition for a rehearing.
In addition, the order states that “the parties in the present case are invited to submit any motions or briefs addressing the effect” of the Friday, June 26 SCOTUS decision no later than 6 p.m. on Monday, July 6.
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