An Alabama probate judge has said that
he will not issue marriage licenses to gay and lesbian couples on
Monday when rulings striking down the state's ban on gay marriage
takes effect.
U.S. District Judge Callie “Ginny”
Granade declared the state's ban unconstitutional in two similar
cases.
Alabama Attorney General Luther Strange
turned to the Supreme Court after the Eleventh Circuit Court of
Appeals in Atlanta refused to delay implementation of Granade's
rulings. In a separate amicus brief filing with the court,
Republican Governor Robert Bentley urged the court to grant Strange's
request, arguing that allowing gay and lesbian couples to marry in
Alabama would “invite chaos.”
(Related: Alabama
Gov. Robert Bentley asks Supreme Court to stay gay marriage rulings.)
Alabama.com
reported Friday that the court's deputy clerk told attorneys not to
expect a ruling through the weekend, increasing the likelihood that
the high court won't intervene.
According to Fox
6 WBRC, Covington County Probate Judge Ben Bowden said that he
does not believe that Granade has the authority to order him to issue
such licenses.
“I have concluded that I have a duty
to uphold Alabama law until a court with authority over me directs me
otherwise,” Bowden said. “The United States Supreme Court has
agreed to hear and rule on a very similar case from another state
this summer. I look forward to getting a definitive answer as soon
as possible.”
Bowden added that he was following
instruction from Alabama Supreme Court Chief Justice Roy Moore, who
told judges in a letter that they are not required to issue such
licenses.
“I hope this memorandum will assist
weary, beleaguered, and perplexed probate judges to unravel the
meaning of the actions of the federal court in Mobile, namely that
the rulings in the marriage cases do not require you to issue
marriage licenses that are illegal under Alabama law,” Moore
wrote.
He added that judges who issue such
licenses “would in my view be acting in violation of their oaths to
uphold the Alabama Constitution.”
Meanwhile, Pike County Probate Judge
Wes Allen announced Friday that effectively immediately the county
will no longer issue marriage licenses.
“I believe that the Alabama
Constitution and federal law protect my right to both live my life as
a Christian and perform my elected duties,” Allen said. “The way
that the law allows me to do that is by giving me the discretion to
end the issuance of marriage licenses and that is the legal course I
am taking.”
Other counties have said they will stop
offering courthouse marriage ceremonies.