Federal judge: Obey me, not Moore, issue same sex marriage licenses

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February 12, 2015

MOBILE, Ala. — Federal judge Callie “Ginny” Granade, the same judge who ruled Alabama’s Sanctity of Marriage amendment unconstitutional, ruled Mobile County probate judge Don Davis must issue same-sex marriage licenses.

“Judge Davis may not deny them a license on the ground that Plaintiffs constitute same-sex couples or because it is prohibited by the sanctity of marriage,” judge Granade said in the decision.

As in the original case, Thursday’s ruling only applies to those named in the decision.

The suit was brought to Judge Granade by plaintiffs James Strawser, and his partner John Humphrey, who were unable to get married in Mobile Monday.

“Plaintiffs’ inability to exercise their fundamental right to marry has caused them irreparable harm that outweighs any injury to defendant,” judge Granade wrote.

Probate judges have had to make the decision whether to obey orders from the federal judge or from the state’s highest court. Last week Alabama Supreme Court Chief Justice Roy Moore ordered probate judges not to give marriage licenses to same-sex couples, saying “no probate judge shall issue or recognize a marriage license that is inconsistent with” Alabama’s constitutional ban on same sex marriage, which went into effect in 2006 after a statewide ballot initiative approved by 81 percent of voters.

Mobile County was one of 26 Alabama counties refusing to give marriage licenses to any couples following the stay on Granade’s original ruling being lifted Monday.

Roughly three-quarters of Alabama’s counties are refusing to give marriage licenses to gay couples.

This story is still developing and will be updated.