Jefferson County probate offices in Birmingham and Bessemer would have begun issuing marriage licenses to same-sex couples on Monday if a federal judge had not entered an order Sunday night delaying enforcement of her ruling that declared Alabama's ban on same-sex marriages unconstitutional, the county's probate judge said.

"As of 8 a.m. Monday we were set to issue marriage licenses to anyone who came in and asked for one," said Presiding Jefferson County Probate Judge Alan L. King.

But King found out early Sunday evening that U.S. District Judge Callie V.S. "Ginny" Granade had issued the stay of her ruling on Friday that ruled the Alabama Marriage Protection Act unconstitutional.

King said the decision to issue marriage licenses to same-sex couples came after he and Probate Judge Sherri Friday, who are both attorneys, had studied the law over the past few days and met early Sunday evening with four attorneys who are experts in federal law.

"We wanted to listen to their combined expertise in making the proper legal decision," King said.

"When I took office in 2001 I took an oath to uphold the constitutions of Alabama and the United States. ... My duties are to uphold the law," King said.

King said they did not learn about the stay until after meeting with the four attorneys. And now the issuance of the marriage licenses to same-sex couples will have to wait at least until the federal judge's stay is lifted.

Asked about adoptions for same-sex couples, which is also handled by probate, King replied: "We in Jefferson County will follow whatever the federal court rules."

One Birmingham couple, Ginger and April Aaron-Brush, who were married a few years ago in Massachusetts, have a federal lawsuit pending seeking Alabama's recognition of their marriage. After Friday's ruling the couple said the first thing they wanted to do was seek joint adoption of their daughter, who turns 8 next month. Right now only one of them was given the right to adopt.

The federal judge gave the state until Feb. 9 to get the 11th Circuit Court of Appeals to intervene or the stay would be lifted.

Shelby County Probate Judge said in a message to Al.com overnight that there would be no change of policy because the judge issued the stay.

Kim Melton, chief clerk of the Shelby County probate court, said later that if the stay is lifted after two weeks "we'll be in contact with the County Attorney, and the County Attorney and the Probate Judge will make a decision based on Alabama law and based on whatever any new orders come out from a higher court," she said.

If someone tries to get a license for a same-sex marriage, Melton said, "there's nothing we can do until we see what the judges are going to do. We can't issue a marriage license now."

Alabama Probate offices up until now have refused to issue same-sex couples marriage licenses because it was illegal under the Alabama Marriage Protection Act. But the late Friday ruling by Grande ruled it was unconstitutional.

The Alabama Probate Judges Association on Sunday filed a motion in the federal court case asking to join in with the Alabama Attorney General's Office request for the federal judge to stay enforcement of her ruling while the case is on appeal and until the U.S. Supreme Court rules on same-sex marriage.

The probate judges association also advised probate judges on Sunday not to issue marriage licenses to same-sex couples. Attorneys for the plaintiffs in the Mobile lawsuit, two women, called likened the association's stance to that of former Alabama Gov. George Wallace's stand in the schoolhouse door to try and prevent integration of the University of Alabama in 1963.

King had said earlier Sunday that whatever decision he was going to make on issuing the marriage licenses, that it wouldn't be a "schoolhouse door stand."

Updated at 5:35 p.m. Jan. 26, 2015 with comment from Kim Melton provided by reporter Martin Reed