Alabama judges refuse to issue same-sex marriage licenses

UPDATE: A majority of Alabama probate judges have refused to issue marriage licenses to same-sex couples, instead following the orders of the state’s top judge.

Chief Justice Roy Moore sent state courts a letter last night telling them they didn’t have to follow a federal court ruling that struck down the state’s laws defining marriage as between one man and one woman. The U.S. Supreme Court declined to extend a temporary stay of that ruling, allowing courts to issue licenses as early as this morning.

But many judges questioned whether that meant they had to.

“I have the man who runs this state’s court system telling me not to issue marriage licenses for same-sex couples,” said Probate Judge Al Booth in Autauga County. “I have the federal judiciary telling me I will issue marriage licenses to same-sex couples. I want to uphold my oath. But what law do I follow? Which constitution do I uphold?”

According to the Human Rights Campaign, an LGBT activist group, judges in 44 of Alabama’s 67 counties refused to issue licenses to same-sex couples, some of which already filed contempt motions. The eight counties where courts are issuing marriage licenses are home to about 40 percent of the state’s population.

OUR EARLIER REPORT (10:40 a.m. EST): Alabama county clerks began issuing marriage licenses to same-sex couples this morning after the U.S. Supreme Court rejected the state’s appeal to stop them.

In a 7-2 ruling, with Justices Clarence Thomas and Antonin Scalia dissenting, the high court declined to block a federal court decision that overturned the state’s voter-approved constitutional amendment defining marriage as between one man and one woman.

The state’s highest judge, Chief Justice Roy Moore, told probate courts they did not have to issue licenses, but most of the local judges said they would, citing a lack of funds to defend a costly legal challenge. Judges in just four counties refused to issue licenses, according to the American Civil Liberties Union of Alabama (ACLU).

“I would really think long and hard before defying a federal court order,” ACLU Executive Director Susan Watson said.

Defying federal courts is nothing new for Moore, who was removed from office in 2003 for refusing to obey an order to remove a Ten Commandments monument from the state judicial building. Voters reelected him in 2012.

State Attorney General Luther Strange said in a statement that the Supreme Court’s refusal to grant the stay likely would lead to more confusion. But that won’t be a problem for long. The high court will decide the constitutionality of same-sex marriage nationwide by June.

The Associated Press contributed to this report.