More than 75% of Alabama counties are issuing marriage licenses to gay and lesbian couples.

Two federal rulings striking down Alabama's ban on gay marriage took effect on Monday, February 9. But only 9 counties began issuing marriage licenses to gay couples on that day. Most counties either refused to issue such licenses or suspended issuing all marriage licenses.

The confusion stemmed from an order issued Sunday, February 8 by Alabama Supreme Court Chief Justice Roy S. Moore.

Moore ordered probate judges not to issue marriage licenses to gay couples, arguing that federal district court's opinions “do not bind the state courts of Alabama but only serve as persuasive authority.”

Republican Governor Robert Bentley said in a statement that he supports the probate judges and will not intervene.

According to LGBT rights advocate Equality Alabama, 51 out of Alabama's 67 counties are now issuing marriage licenses to couples regardless of sexual orientation.