Two conservative groups on Wednesday
asked the Alabama Supreme Court to order probate judges to stop
issuing marriage licenses to gay and lesbian couples.
The Alabama Policy Institute and
Alabama Citizens Action Program, which are being represented by
Liberty Counsel, asked the justices to join Chief Justice Roy S.
Moore in declaring the judges' actions illegal.
Nine counties began issuing marriage
licenses to gay couples on Monday following the expiration of a
temporary stay – which the Supreme Court refused to extend – on
two federal rulings declaring Alabama's ban unconstitutional. As of
Wednesday, the number of counties issuing licenses had grown to 24.
On Sunday, Moore ordered judges to defy
the order, the majority did so.
“The Marriage Amendment, the Marriage
Act and [Moore's] the Administrative Order could not be more clear:
Alabama probate judges are prohibited from issuing marriage licenses
to same-sex couples,” the motion states.
“It is equally clear that neither the
Searcy nor the Strawser Injunction, nor any other
authority compels or authorizes probate judges to disregard Alabama's
marriage laws. Nonetheless, some probate judges have done just that,
creating confusion and disarray in the issuance of marriage licenses
in the state. This Court should remove the confusion and disarray by
giving Alabama probate judges a clear judicial pronouncement that
Alabama law prohibits the issuance of marriage licenses to same-sex
Meanwhile, marriage equality supporters
have asked a federal judge to order a Mobile probate judge to begin
issuing marriage licenses to gay couples. A hearing is set for
judge sued for defying federal judge's gay marriage ruling.)