Alabama Chief Justice Roy Moore is calling on probate judges to not issue marriage licenses to gay and lesbian couples when it is expected to become legal on Monday.

In a letter Tuesday to probate judges, Moore states that they are not required to issue such licenses.

U.S. District Judge Callie “Ginny” Granade declared the state's ban on gay marriage unconstitutional in two similar cases, both of which are set to take effect on Monday, February 9. Officials late Tuesday asked the Supreme Court to put the rulings on hold.

(Related: Alabama claims marriage makes “less sense” for gays in asking Supreme Court for stay.)

“I hope this memorandum will assist weary, beleaguered, and perplexed probate judges to unravel the meaning of the actions of the federal court in Mobile, namely that the rulings in the marriage cases do not require you to issue marriage licenses that are illegal under Alabama law,” Moore wrote.

He added that judges who issue such licenses “would in my view be acting in violation of their oaths to uphold the Alabama Constitution.”

Moore was ousted from the bench in 2003 for refusing to remove from public property a monument of the Ten Commandments which he commissioned. Voters reinstated him a decade later.