As expected, the federal judge ruled against AL Supreme Court Judge Roy Moore's directive to probate judges.
The numbers are now to 49 out of 66 probate judges treating all couples equally
... but in 26 of the 49, there's going to be some unhappy straights
NY Times - CAMPBELL ROBERTSONFEB. 12, 2015
U.S. Orders Alabama to License Gay Unions
Quote:
MOBILE, Ala. — A federal judge here ruled on Thursday that the local probate judge cannot refuse
to issue marriage licenses to same-sex couples, potentially adding some clarity to a judicial quarrel
that has roiled Alabama for most of a week.
The ruling on Thursday was the first in this case with a probate judge as a defendant
— Judge Don Davis of Mobile County —
and was seen by lawyers for the gay couples who brought the case as a clear signal
to probate judges around the state what their duties were.
In a relatively straightforward order, Judge Granade restated her finding that the state’s ban
on same-sex marriage was unconstitutional and concluded that if the couples before her
“take all steps that are required in the normal course of business as a prerequisite to issuing
a marriage license to opposite-sex couples, Judge Davis may not deny them a license
on the ground that plaintiffs constitute same-sex couples.”
Judge Davis almost immediately began issuing licenses to same-sex couples,
but it was unclear whether other probate judges would follow suit.
As of noon on Thursday, judges in 23 Alabama counties were issuing licenses to all couples,
in 18 counties to straight couples only and in 26 to no couples at all,
according to a tally kept by the Human Rights Campaign, a gay rights group.
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