Alabama: Some Probate Judges Plan To Deny Same-Sex Couples Marriage Licenses

With a Monday deadline looming, some probate judges in Alabama say they won't issue marriage licenses to same-sex couples when a stay expires on a federal district judge's ruling striking down the state's marriage ban.

From MSNBC:

Of the 26 probate judges MSNBC was able to contact Friday, 18 said they were planning on issuing marriage licenses to same-sex couples next week.

But Liberty Counsel, an anti-marriage equality litigation and policy organization, said it was already representing five Alabama judges who would not be issuing marriage licenses to same-sex couples on Monday, and that more judges could soon be seeking the group’s representation.

So far, the U.S. Supreme Court has ignored the request to extend the stay on Judge Granade's ruling which overturned the state's ban on same-sex marriage.

Assuming the U.S. Supreme Court doesn't issue a stay over the weekend, same-sex couples can begin applying for marriage licenses Monday morning.

One probate judge, Pike County's Judge Wes Allen has already announced that he will cease issuing marriage licenses completely to avoid providing them to same-sex couples, which he says would violate his religious beliefs:

“The people of Pike County elected me to perform my duties and they also elected me because of who I am and the values I live by,” Allen said.

“I am choosing to take the Pike County Probate Office out of the marriage licensing business altogether. That is completely within my rights under the laws of Alabama.”

Allen cited state law, specifically Alabama Code Section 30-1-9, which states “Marriage licenses may be issued by the judges of probate of the several counties.”

Allen said the word “may” in the statue shows that Alabama law does not mandate that he issue marriage licenses.

“The word ‘may’ implies that I have a choice,” Allen said. “At this time, I am exercising my right to choose not to issue any marriage licenses to anyone.”

Probate Judge Valerie Davis of Clarke County has taken the same position, saying, “I do not think I am required to compromise my religious beliefs to be Probate Judge."