At least one Alabama same-sex couple applying for a marriage license was not only denied, but handed the illegal order of Judge Roy Moore, while other offices follow Judge Moore and refuse to follow the law.
In Alabama, same-sex couples are marrying across the state, so far with little evidence of protest. But not all same-sex couples are being allowed their right to marry. Despite the Supreme Court finally responding to Alabama’s request to extend a federal judge’s stay that expired this morning, some probate judges are refusing to follow the law, the constitution, and a federal judge’s orders.
Alabama Chief Justice Roy Moore late Sunday evening issued a stern and lengthy directive to all probate judges in the state, whom he claims report directly to him, forbidding them to issue marriage licenses to same-sex couples.
Many judges have defied Moore’s likely illegal order and issued licenses and married couples, but some, like Probate Judge Hardy McCollum in Tuscaloosa County are not only following it to the letter, but handing it to same-sex couples.
Tiffany Morrison and Melina Akens went to the courthouse and waited for the doors to open at 8:30 AM. When they did, the “two women who both work at the Tuscaloosa Police Department entered together and asked for a marriage license,” AL.com reports. “A clerk refused to issue them one and instead handed them a summary of the order Moore issued Sunday night prohibiting probate judges statewide from granting licenses to same-sex couples.”
Judge McCollum was only too happy to discuss the issue with the press.
“The Chief Justice of the Alabama Supreme Court gave some direct orders to the probate offices that we should not and are not to issue same-sex marriage licenses,” McCollum told reporters. “He being the chief administrative and judicial officer for the state of Alabama, we are held to his order and we’re going to comply with his order. “
Morrison and Aken were not the only ones affected by McCollum’s defiance. A same-sex couple, married in Vermont in 2012, attempted to have their legal civil marriage recognized by the State of Alabama Monday also. They were treated the same, with a refusal by McCollum’s office and a copy of Moore’s order.
McCollum is not alone in his refusal to obey the law.
Elmore County Probate Judge John Enslen, and others are refusing to obey the law.
Lee County even taped Moore’s order to the office door.
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