Federal Judge Hears Request To Order Alabama Judge To Issue Marriage Licenses

A federal judge today heard requests to order an Alabama probate judge to issue marriage licenses to same-sex couples.

U.S. District  Judge Callie Granade Thursday afternoon heard arguments extending from her January ruling striking down Alabama’s ban on same-sex marriage. On Monday, a self-imposed stay expired and all 67 counties by law should have begun issuing licenses to same-sex couples, but as of Wednesday far less than half were.

Plaintiffs filed a motion with the court asking Judge Granade to order Probate Judge Don Davis to begin issuing licenses to same-sex couples. After Alabama Chief Justice Roy Moore directed no same-sex couples may be given marriage licenses, Davis opted to close his office to all couples, regardless of gender. Davis claimed “conflicting authority.” Mobile County is the largest in the state that has refused to follow the law.

While Granade’s ruling technically is not specifically binding on the rest of the state, marriage supporters are hopeful that in the wake of Judge Granade’s ruling today, all other probate judges will follow suit. 

During the hearing this afternoon, ACLU of Alabama’s Legal Director Randall Marshall reportedly labeled Judge Moore’s directive banning same-sex marriage licenses “defective,” and noted that it “should not be relied on by anyone in the state.”

One reporter posted these tweets, apparently quoting Judge Davis’ attorney:

The judge did not rule from the bench but reportedly will issue a ruling as soon as she is able.