Judge Rules Mobile, Alabama Must Begin Issuing Gay Marriage Licenses

Same-sex couple plastic figurines are displayed during a gay wedding fair in Paris April 27. | (Photo: Reuters/Gonzalo Fuentes)

After several county officials refused to distribute marriage licenses to same-sex couples in Alabama this week, a federal judge ruled that Mobile, Alabama must allow same-sex couples to receive their licenses.

Several county officials in the state had refused to issue the licenses after U.S. District Judge Callie Granade overturned the state's constitutional amendment banning same-sex marriage earlier in January.

Despite encouragement from Alabama chief justice Roy Moore to refuse issuing gay marriage licenses, this week Judge Granade confirmed that Mobile County Probate Court Judge Don Davis must abide by her ruling and begin issuing licenses to same-sex couples.

Four same-sex couples in Mobile asked Granade to weigh in on the legality of Davis' decision to not issue marriage licenses despite her January ruling. Granade made her decision within 30 minutes after hearing both sides give their argument.

"This injunction binds Judge Don Davis and all his officers, agents, servants and employees, and others in active concert or participation with any of them, who would seek to enforce the marriage laws of Alabama which prohibit or fail to recognize same-sex marriage," the judge wrote in her opinion.

Michael Druhan, the lawyer representing Davis, said his client didn't have a preference on the matter, but rather wanted guidance, saying he felt bound by both Granade's ruling and the order given by Chief Justice Moore.

"We are going to accept any valid order from the federal court," Mr. Druhan said. "But he is also bound by the Supreme Court."