Alabama probate judges will not issue marriage licenses to gay couples

MONTGOMERY, Ala. — The Alabama Probate Judges Association released a statement Sunday clarifying that probate judges around the state will not be issuing marriage licenses to gay couples, in spite of a federal judge’s ruling that many outlets reported would immediately force them to do so.

According to Reuters’ initial report, which has not been updated, “because U.S. District Court Judge Callie Granade did not place a stay on her ruling, same-sex couples could be eligible to apply for marriage licenses when clerk’s offices open, which gay rights advocates said could be as soon as (this past) Saturday.”

But an attorney for the Probate Judge’s Association said that is not an accurate reading of the judge’s ruling.

“Judge Granade’s ruling in this case only applies to the parties in the case and has no effect on anybody that is not a named party. The probate judges were not parties in this matter,” Al Agricola, attorney for the Alabama Probate Judges Association, explained. “The legal effect of this decision is to allow one person in one same sex marriage that was performed in another state to adopt their partner’s child. There is nothing in the judge’s order that requires probate judges in Alabama to issue marriage licenses to same sex couples.”

Cari Searcy and Kim McKeand are the only plaintiffs in the case that was filed against Alabama Attorney General Luther Strange. The Alabama Probate Judges Association says that is a key point in the effect that this ruling has on the duties of probate judges.

Judge Greg Norris, President of the Alabama Probate Judges Association, hopes that misinterpretation of Friday’s ruling will not cause confusion among the general public.

“As probate judges, our duty is to issue marriage licenses in accordance with Alabama law and that means we can not legally issue marriage licenses to same sex couples,” said Greg Norris, President of the Alabama Probate Judges Associate. “The recent federal ruling does not change that.”

Probate Judges are elected in all 67 counties in Alabama and carry the responsibility of issuing and recording marriage licenses.

UPDATE: Equality Alabama and the American Civil Liberties Union of Alabama announced Sunday that they have set up a “hotline” for individuals to call if they are denied a marriage license by their local probate judge, presumably because they believe the ruling legally compels the judges to do so.

Some probate judges, particularly in traditionally Democratic areas of the state, have also announced that they will issue licenses.

“Unless the federal judge issues a stay then the (Montgomery) Probate Court will issue a license to any couple that wants to be married,” said Montgomery County Probate Judge Steven Reed, a Democrat who was elected in 2012.