Montgomery, Ala. – A Mobile probate judge now faces conflicting direct orders from a federal judge and the Alabama Supreme Court regarding gay marriage.
An Alabama Supreme Court order issued late March 10 is the latest development in Alabama’s saga over gay marriage. A federal judge last month said that Mobile County Probate Judge Don Davis couldn’t refuse marriage licenses to gay couples.
Davis issued a statement noting the conflicting orders. On the advice of legal counsel, the Mobile court will not issue marriage licenses to anyone — gay or straight — to ensure compliance.
U.S. District Judge Callie Granade on Jan. 23 ruled that Alabama’s gay marriage ban unconstitutional. Most counties began issuing marriage licenses until the state Supreme Court directed the judges to stop. Justices issued a separate opinion specific to Davis.
