Gay rights advocates have asked a federal court to order a local official in Mobile, Ala., to begin issuing marriage licenses on Tuesday to same-sex couples, a day after some Alabama counties began to grant the licenses but most refused.
Judge Callie V. S. Granade of Federal District Court in Mobile ruled last month that Alabama’s ban on gay marriage was unconstitutional, a decision that took effect Monday. But on Sunday night, Alabama’s chief justice, Roy S. Moore, ordered that marriage licenses not be granted to same-sex couples, sowing confusion among the county Probate Court judges who issue the licenses.
Lawyers who challenged the state’s ban, and many legal scholars, argue that the law is clear that a federal court order trumps the direction of Chief Justice Moore.
On Monday night, they asked Judge Granade to issue an order directing the probate judge in Mobile, Don Davis, to issue the licenses. The state attorney general, Luther Strange, filed a response Tuesday morning, opposing the request. It was not clear whether Judge Granade would hear oral arguments or rule on the motion on Tuesday, as the advocates hoped.
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But in a sign of how delicate the situation is, Ms. Martin declined to elaborate on her decision. “I think it’d be inappropriate for me to comment on this, because it’s undecided,” she said.
Judge Martin declined to share her personal opinions on same-sex marriage, and said they did not play into her decision. She said her office had been prepared to issue same-sex marriage licenses until they received Mr. Moore’s order.
”I do not allow my personal opinions to affect what I do as a probate judge,” said Ms. Martin. “That’s part of what we do as probate judges. We have to remain neutral in all respects, and so my opinion doesn’t matter. I’m going to follow the law. Whatever that law may be.”
