Alabama’s probate judges are under an
immediate obligation to issue marriage licenses to qualified same-sex
couples, say the four civil-rights organizations that are representing
same-sex couples in the state.
Pursuant to a May 21 order by Judge Callie V.S Granade in Strawser v. Strange,
probate judges became obligated to obey the U.S. Constitution and issue
marriage licenses to same-sex couples on the date that “the Supreme
Court issues its ruling” in Obergefell v. Hodges. The ruling in Obergefell was issued on June 26, so Judge Granade’s injunction is now in effect.
Some
press reports and individuals have misinterpreted a recent order of the
Alabama Supreme Court, and statements by Supreme Court Chief Justice
Roy Moore, to suggest that probate judges need not comply with Judge
Granade’s injunction until the expiration of a 25-day rehearing period
for Supreme Court decisions.
Those
reports are inaccurate both because Judge Granade’s order went into
effect immediately on June 26, and because the Supreme Court’s decision
became the law of the land on the day it was issued. Indeed, in a statement, Moore said the order only calls for motions or briefs "addressing the effect of the U.S. Supreme Court's decision in Obergefell v. Hodges,”
adding, “In no way does the order instruct probate judges of this State
as to whether or not they should comply with the U.S. Supreme Court's
ruling in Obergefell.”
The Association of County Commissions of Alabama, which provides legal advice and insurance coverage to counties, has also advised county probate judges to begin issuing marriage licenses to same-sex couples immediately. The Alabama Governor and Attorney General have likewise stated that they will comply with the Supreme Court’s decision without further delay.
Strawser v Strange
is being litigated jointly by Americans United for Separation of Church
and State, the American Civil Liberties Union of Alabama, the National
Center for Lesbian Rights and the Southern Poverty Law Center, on behalf
of all same-sex couples in Alabama who wish to marry.