Gay marriage in Mobile, Ala. on Feb. 12, 2015

Just after 4 p.m. the windows at Mobile County Probate Court opened and about a dozen same sex couples applied for marriages licenses and several went on to get married at Governent Plaza on Thursday Feb. 12, 2015. (Sharon Steinmann/ssteinmann@al.com)

(Sharon Steinmann)

Almost two-thirds of the state's probate courts are now issuing marriage licenses to all couples, gay and straight.

That's a big change from Monday, when fewer than 10 counties were issuing marriage licenses to same-sex couples. But a ruling yesterday by U.S. District Court Callie V. Granade nudged many probate judges sitting on the fence to accept an earlier ruling overturning the state's ban on same-sex marriage.

Granade ruled yesterday that Mobile County Probate Judge Don Davis had to issue marriage licenses to gay couples who had been waiting in the office since Monday. Like many probate judges around the state, Davis had elected to close marriage offices in the wake of conflicting rulings from Judge Granade and Alabama Supreme Court Chief Justice Roy Moore. On Sunday night, Moore instructed probate judges not to follow Granade's January order to issue marriage licenses to same-sex couples.

Only 26 of the state's 67 counties were either not issuing licenses this morning or refusing comment. In Shelby County and five other counties, officials will only issue marriage licenses to couples of the opposite sex. In many of the counties that are still holding out, probate judges said they would probably reopen offices early next week, and begin selling licenses to same-sex couples.

"I'm beginning to feel compelled to do what the U.S. Supreme Court has basically told us we have to do," said Pickens County Probate Judge John Paluzzi.

His office is not issuing any marriage licenses today, but he said he has been discussing the issue with lawyers for the county, and he may begin issuing licenses to all couples next week. Paluzzi said he is worried that he could be named in a lawsuit he would probably lose, based on Granade's decision in Mobile.

"I don't want to beg a lawsuit based on any personal belief," Paluzzi said.

Tallapoosa County Probate Judge Leon Archer also said he wants to avoid a lawsuit. After he talks with the county attorney, he plans to set a date for the county to get back in the marriage license business, and to issue them to all couples, gay and straight. It was not an easy decision to make, Archer said, but Granade's order makes it pretty clear that probate judges have to issue marriage licenses to all couples.

"It was hard for me," Archer said. "I've got a federal judge on my left telling me one thing and a state Supreme Court justice on my right, telling me something else. And I've got the Bible hanging over my head."

Probate Judge James Perdue in Crenshaw County began allowing all couples to purchase marriage licenses this morning, after a four-day wait. He said his decision was based on the order directed at Mobile County's Davis, whom he admires.

"[Davis] has been a good example of fortitude over the last several days," Perdue said. "I believe Judge Granade's order was directed at all probate judges, so we'll issue. This is not easy, and I don't regret anything that the state's done. I also think that it's clear now."