With windows at the marriage license department in Mobile County remaining closed for more than 21/2 hours Monday, attorneys for a lesbian couple asked a federal judge to hold Probate Judge Don Davis in contempt.

The lawyers, Christine Hernandez and David Kennedy, at first urged patience as Davis huddled with lawyers to figure out how to respond to conflicting court orders from U.S. District Judge Callie V.S. "Ginny" Granade and Alabama Supreme Court Chief Justice Roy Moore.

With Davis refusing to make a decision one way or the other, the office remained closed to couples seeking marriage license but eventually opened to people wishing to record deeds and conduct other business.

Finally, Davis took the bench, prompting Kennedy and Hernandez to ask Granade to hold him in contempt and take any enforcement action she deems appropriate. Henandez told reporters that remedies could include fines and even incarceration. "There's a very real possibility somebody could be going to jail," she said.

Hernandez noted a 7-2 ruling of the U.S. Supreme Court early Monday, compelled Davis - and other probate judges - to follow Granade's order to issue marriage licenses to gay couples.

"As you can see, he has not complied," Hernandez told a throng of reporters, gay couples and supporters.

Her co-counsel, David Kennedy, said he was disappointed that Davis had refused to comply with the order when judges in Montgomery, Jefferson and other large Alabama counties had.

"For some reason, we aren't able to do the same thing everyone else is," he said.

In fact, an order issued Sunday night by Moore instructing probate judges not to follow the federal court order has thrown the state into chaos. Several probate judges across the state have said they will not grant marriage licenses to same-sex couples.

In the federal filing, Hernandez and Kennedy asked Granade to hold Davis in contempt and take any enforcement action she deems appropriate.

"The Honorable Don Davis has not given a reason why the marriage license division is closed on this particular day, and he has not stated as to when the office will reopen," the filing states.

Davis was not immediately available for comment. In a text that Hernandez shared with the media, probate court lawyer Mark Erwin wrote, "All I can say is Judge Davis is holding status quo right now. I can't give a specific time that will change. That's all I have."

In addition to the contempt motion, Hernandez said she would seek to add other couples to the lawsuit that prompted Granade's ruling striking down the same-sex marriage ban. She said she had at least three couples on board, adding, "There's a whole bunch of people standing here."

Hernandez said the "position of silence" adopted by Davis is no different that former Gov. George Wallace's attempts to beat back integration.

"It's no different than standing in the school door. It's exactly the same as Governor Wallace. The only difference is that Judge Davis is not physically standing here."

Outside the courthouse, a couple of dozen same-sex activists held signs, such as "Y'all means All" and waved to the occasional motorist who honked.

Up the sidewalk, a lone anti-gay marriage demonstrator held a sign reading, "NO TO HOMOSEXUAL MARRIAGE IN ALABAMA."

Jorge Prado warned that gay marriage would bring calamity upon Alabama.

"Flood. Earthquake. Hurricane," he said. "America, repent."

The two couples who filed lawsuits in Mobile - Cari Searcy and Kim McKeand, and James Strawser and John Humphrey - were at Mobile Probate Court early Monday. It was Granade's ruling in those two cases last month that paved the way for Alabama to become the 37th state where gay marriage is legal.

A handful of other gay couples also tried to apply for marriage licenses.

Among them were Robert Povilat, 60, and Milton Persinger, 47. They were first in line at 7 a.m. at a window that had not opened by 11:30 a.m.

"We just happened to be first in line. We just knew we wanted to be here early," Povilat said. "Today is a history- and precedent-setting day."

The Mobile residents said they did not get married in another state where same-sex unions have been legal longer because they wanted to tie the knot at home.

"We live in Alabama. We live in Mobile," said Povilat, who works for Lowe's Home Improvement. "We want to be able to be married in our state.

Persinger, a nurse, has been with Povilat for a little more than two years. They moved to Mobile from Fort Payne about a year and a half ago.

"Fort Payne is still very backward," Persinger said. "But I think we're seeing common sense prevail" across the country.

Ron Feuerlein, 72, and Donnie Barnett, who live in Semmes, married last year in Rehoboth Beach, Del.

"We're here to support our brothers and sisters, as now we can get the same name if we wanted," Feuerlein said.

Added Barnett: "I never expected to see this (in Alabama). Not in my lifetime."

Barnett said he and Feuerlein have been friends for 43 and a couple for about three years. Feuerlein said he had a relationship with another man for more than 40 years until his death of cancer.

"We lived a good life all those years and never had that opportunity (for marriage)," he said.

Barnett said his 65th birthday is Tuesday. "I reached two milestones. I can get Medicare, and I can see my marriage recognized in my home state."

Updated at 11:49 a.m. with additional information about the court case, and reaction inside and outside the courthouse.