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Constitutional Law

Alabama same-sex marriage battles continue as lawyers seek to force compliance with federal opinion

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The federal judge who struck down Alabama’s ban on gay marriage will consider a motion on Thursday that seeks to force a state probate judge to issue marriage licenses.

U.S. District Judge Callie Granade allowed (PDF) the federal plaintiffs to amend their lawsuit to add Judge Don Davis of Mobile County as a defendant and scheduled the Feb. 12 hearing to consider their motion for a preliminary injunction. The National Law Journal (sub. req.), the New York Times and the Washington Post have stories on the ongoing legal battles.

On Monday, Granade had refused to hold Davis in contempt because he was not a party to the federal suit, Searcy v. Strange.

Gay couples unable to get marriage licenses in Mobile County filed a separate suit (PDF) in federal court on Monday, the National Law Journal says. Davis was among the defendants.

Davis had refused to grant any marriage licenses amid conflicting opinions by the federal court and Alabama Supreme Court Chief Justice Roy Moore, who ordered probate judges not to issue marriage licenses. Lawyers for Davis have asked the Alabama Supreme Court for guidance on “the scope and the effectiveness” of Moore’s order, the New York Times says.

The number of probate judges issuing licenses increased on Tuesday, a day after the U.S. Supreme Court refused to extend a stay of Granade’s ruling, according to the Human Rights Campaign.

Probate judges in the state generally preside over matters such as adoptions, guardianship and name changes, the Times says. They don’t have to be lawyers.