An Alabama probate judge has asked the state's Supreme Court to order judges to stop issuing marriage licenses to gay and lesbian couples.

Elmore County Probate Judge John Enslen argues in his petition to the court that the task of issuing marriage licenses to gay couples should be shifted to the federal government.

“Born solely from a strained interpretation of the U.S. Constitution, the new same-sex marriage license is a child of the federal government, not the State of Alabama,” Enslen says in his filing.

The Supreme Court in June struck down gay marriage bans in all 50 states.

Enslen also asks that Alabama's highest court refuse to recognize marriage licenses issued to gay couples from states that have not legislatively approved such unions on their own.

Nine Alabama counties, including Elmore, are using a segregation-era state law to avoid issuing marriage licenses to gay couples. The law states that probate courts “may” issue marriage licenses. Lawmakers in 1961 altered the language to make it optional for counties to issue such licenses.

Susan Watson, executive director of ACLU-Alabama, told the AP that the lawsuit boils down to an Alabama mindset of not wanting “to do what the federal government tells them to do.”

“They would really be hard pressed to come out and say that Alabama isn't bound by the Supreme Court decision,” she said.

(Related: AL Supreme Court justice Tom Parker: State courts should resist gay marriage ruling.)