Federal judge: Gay-marriage ruling binding in Alabama

MONTGOMERY, Ala. — A federal judge who struck down Alabama's same-sex marriage bans Wednesday made it clear that probate judges issuing marriage licenses must do so for all couples.

U.S. District Judge Ginny Granade struck down the state's ban on same-sex marriage in January. She reaffirmed her decision in May. Responding to a motion filed by same-sex couples in the case, Granade wrote Wednesday that the rulings were in effect.

Granade had stayed the order pending the outcome of Obergefell v. Hodges, the case that led the U.S. Supreme Court to strike down existing bans on same-sex marriage last week.

In a six-page brief filed with Granade on Wednesday, attorneys for the couples said some probate judges were issuing licenses to opposite-sex couples, but not same-sex ones.

"Probate judges in a few counties are erroneously maintaining that the Court's May 21, 2015, Order is stayed and that the preliminary injunction is not yet in effect," the brief said. "For example, Tuscaloosa County probate court judge W. Hardy McCollum is currently issuing marriage licenses to opposite-sex couples but not to same-sex couples."

McCollum was not available for comment Wednesday morning. However, an intern in the Tuscaloosa County Probate Judge Office's marriage license division Wednesday confirmed that the office was only giving licenses to opposite-sex couples.

Ayesha N. Khan, legal director of Americans United for Separation of Church and State, one of the groups representing the plaintiffs, said Wednesday they would move for enforcement of the ruling.

"If any probate judges persist in violating it, we would seek a finding of contempt from the court, which would result in the imposition of fines for every day of noncompliance, an award of attorney's fees for litigating the motion, and any remedies the court deems appropriate," she said.

Khan said seven of the state's 67 counties, including Tuscaloosa, were excluding same-sex couples from marriage licenses.

The Alabama Supreme Court ordered a halt to same-sex marriage licenses in early March after two conservative groups sued to stop them. Granade wrote in her May 21 order that probate judges issuing marriage licenses must do so for all couples, regardless of "any injunction issued by the Alabama Supreme Court pertaining to same-sex marriage."

Montgomery County Probate Judge Steven Reed said last week he believed Granade's ruling was controlling, and repeated that in a statement Wednesday.

"Montgomery County will abide by the ruling of the United States Supreme Court and will issue marriage licenses to all citizens on a just and equal basis," the statement said.

Reached by phone, Elmore County Probate Judge John Enslen said he was "still undecided" on the issue before hanging up. Autauga County Probate Judge Alfred Booth was not available Wednesday afternoon.

Marion County Probate Judge Rocky Ridings' office was accepting applications for same-sex marriage licenses Wednesday afternoon but not issuing them. The office, one of the seven hold-outs, was issuing licenses for opposite-sex couples.

Alabama law does not require probate judges to issue marriage licenses. Some probate judges have stopped issuing them altogether. Shannon Minter, an attorney with the National Center for Lesbian Rights, which represented plaintiffs in the case, said Wednesday they were "not to too concerned with those counties."

A dwindling number of local officials in other states continue refusing same-sex marriages.

Seven Mississippi circuit clerks who had been refusing marriage licenses for same-sex couples said their concerns were eased following a meeting with staff members for Attorney General Jim Hood, and they would join most other counties and issue licenses.

And in Louisiana, Red River Parish may be the last refusing the unions.

In an emailed statement, Red River Court Clerk Stuart Shaw said his Christian beliefs may keep him from issuing same-sex licenses, and he was awaiting final word on a federal appeals court ruling.

Shaw said his office will eventually comply, with workers who don't object to gay marriage handling the licenses.

Contributing: The Associated Press