Alabama same-sex marriages continue as governor refuses to intervene – as it happened
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Version 0 of 1. 5.05pm ET22:05 Summary We’re going to close our coverage for the day of Alabama’s stuttering legalization of same-sex marriage, as its courthouses begin to close up and its many judges come to grips with the disarray and confusion around the state. Updated at 5.05pm ET 4.24pm ET21:24 As is custom whenever a state legalizes same-sex marriage, rights groups collect and post dozens of photos of happy couples celebrating with their families. Don't miss beautiful photos of same-sex couples in #Huntsville getting married #ALMarriage http://t.co/tQDvIcBuIs pic.twitter.com/Sgp1Pd4aRr Cooper and Jessie in Birmingham with son George - and their #marriage license after 26 yrs together! #ALMarriage pic.twitter.com/vL2bgSTp0B 3.59pm ET20:59 Contempt request denied A federal judge has declined the request to hold Mobile judge Don Davis in contempt, AL.com’s Brendan Kirby reports, putting a pause on the legal drama at the Government Plaza where several couples have tried to get married today. BREAKING: Judge turns down request to hold Mobile County probate judge in contempt over marriage licenses. Buzzfeed legal editor Chris Geidner says that the district judge cannot hold Davis in contempt until the probate judge denies an order to which they’re a party, and that the plaintiffs’ lawyers ought to have motioned for an intervention first. Granade, in her clarifying order, said what to do if denied. Seek intervention. Now, she repeats it: pic.twitter.com/zibFoEu3Un Davis has shut down the marriage office of his Mobile County courthouse until further notice. Updated at 4.12pm ET 3.43pm ET20:43 Mobile stays closed Mobile judge Don Davis has opted not to opt for any resolution of gay marriage in his county, AL.com’s Brendan Kirby reports, adding that the marriage office will stay closed for the rest of the day. This means that the plaintiffs who brought their case to get married to federal court will not marry in Mobile today. Mobile County Probate Judge Don Davis will keep marriage office closed while it seeks "clarification" from Alabama Supreme Court.#SSM Davis seems to have attempted a compromise similar to Autauga County judge Al Booth’s, who also said he would not change his policy until “clarification” was provided by a higher authority, be it the state supreme court or the nation’s. Updated at 3.44pm ET 3.38pm ET20:38 Some more historical perspective courtesy the New York Times’ Nate Cohn. In 2000, Alabama voted to remove a constitutional ban on interracial marriage by just a 59-41 margin. pic.twitter.com/mf9q5feOlk Alabama’s slow moving populace is not unique; in 2013 poll analyst Harry Enten reasoned that on their own and without impetus from the courts, Alabamans and other southerners likely wouldn’t vote for legal gay marriage until after 2030. 3.28pm ET20:28 “Sometimes when you love people you have to hurt their feelings,” an opponent of gay marriage tells a supporter of same-sex couples outside the Calhoun County administration building, as the debate over gay marriage gets into the nature of love. 3.14pm ET20:14 “We will just march into federal court and take it if we find the right set of circumstances,” the Alabama ACLU’s executive director Susan Watson has told my colleague Amanda Holpuch (@holpuch) about efforts to get licenses for couples refused at various courthouses. Watson said that the group had received more than 50 complaints by phone and email from people who couldn’t marry. They are collecting information from callers in the hopes of getting information that they can use to take legal action against probate judges who refuse to grant these licenses. “We will just march into federal court and take it if we find the right set of circumstances,” Watson said. “We are taking a really strong look at this.” The ACLU of Alabama is also operating a hotline for people to call if they are refused a license, Amanda notes, which you can find here. 3.04pm ET20:04 “Love wins. Heart of Dixie” via @medwriter68 #ALmarriage #Alabama pic.twitter.com/NVSaSP7j2F “@KayTimes: First 2 couples in Madison Co greeted with cheers #almarriage exiting courthouse. pic.twitter.com/1CV8gV2Lv0” so fing happy 4 home 2.57pm ET19:57 The Southern Poverty Law Center, a rights and anti-discrimination group, points out that although many judges have either followed the order to deny licenses or sought a middle ground, the counties that are granting licenses amount to a huge segment of the state and include most of the major cities. In other words, nearly two million people live in the counties that now issue and recognize same-sex marriages in Alabama. Update: Coffee, Chilton, Lowndes join list of at least 8 counties issuing licenses, bringing total nearer to 40% of state pop. #ALMarriage 2.51pm ET19:51 The glances toward the US supreme court have already begun as Alabama shakily stumbles into position as the 37th state of the union with legal same-sex unions. The high court’s 7-2 decision not to stay gay marriages in Alabama may portend the summer decision to come; those seven votes suggest a hearty majority inclined to rule that bans on gay marriage are unconstitutional. Justices Antonin Scalia and Clarence Thomas are among the scryers of that vote, and said so in their dissent. Scalia and Thomas certainly think so. (http://t.co/AmPmkb3KKD) pic.twitter.com/LAmZR0UHzj Nor is Alabama the only state that federal courts could change the future of: Mississippi, Louisiana and Texas are waiting on a decision from the fifth circuit about the legality of their bans. 2.38pm ET19:38 There are a number of maps floating around the internet of Alabama’s counties and their myriad rules about same-sex marriage – but it should be noted that these maps don’t all align, drawing as they do from Human Rights Campaign, Freedom To Marry and other sources. We’re doing our best to steadily keep track of what’s practice where, but the major takeaway remains the same: Alabama’s courthouses are a mess. Alabama marriage map: which counties are marrying same-sex couples? https://t.co/I94l5cQ1lO Marriage equality map now includes AL as a Freedom-to-Marry state! #ALMarriage http://t.co/ENtKYdfmA8 pic.twitter.com/EdaW176cje .@nytgraphics is updating a handy county-by-county map about same-sex marriage in Alabama: http://t.co/JjduCZ8JaY Updated at 2.41pm ET 2.21pm ET19:21 Orders may quickly descend on the head of Mobile’s judge Don Davis, who has hemmed and hawed all Monday about whether to open his county courthouse’s offices to plaintiffs seeking a marriage license. Alabama attorney general won't oppose lawyers' motion for contempt against Mobile County Probate Judge Don Davis on #ALmarriage order. *Update: Kirby steps back from his earlier tweet, but Don Davis remains the target of a motion for contempt. I may have spoken too soon on AG's position on motion for contempt against Mobile probate judge. AG has not taken a position. Updated at 3.15pm ET 2.11pm ET19:11 The sets of demonstrators continue to compete, as well, in a casual confluence outside the Birmingham courthouse. 2.08pm ET19:08 More than 150 couples have gotten married at the Jefferson County courthouse in Birmingham, Alabama today, local Fox news’ Alan Collins reports. 1.57pm ET18:57 Summary Updated at 4.01pm ET 1.46pm ET18:46 State same-sex marriage bans have fallen in a similar pattern to the way interracial marriage bans fell, the Guardian’s Amanda Holpuch (@holpuch) reports. Alabama in 2000 became the last state to strike down its ban on interracial marriage, which was unenforceable because of the 1967 supreme court decision striking down such laws. The decision to repeal an amendment banning the practice from the state constitution was opposed by 40% of voters. As when those bans fell and the laws enforcing them were struck down, some probate judges chose to stop issuing marriage licenses altogether to try to resist the wave of change or strike a politically indifferent position. To read more about the parallels with interracial marriage laws, check out this Slate reprint of a 1999 piece by David Greenberg. 1.33pm ET18:33 Governor won't act against judges Alabama’s governor Robert Bentley won’t act against probate judges or involved in the judicial confusion all over his state, he has said in a statement, although he adds that he’s “disappointed” by the federal court’s “disregard” for Alabama’s voter-imposed ban on gay marriage. “The issue of same-sex marriage will be finally decided by the US supreme court later this year. I have great respect for the legal process, and the protections that the law provides for our people. I am disappointed that a single federal court judge disregarded the vote of the Alabama people to define marriage as between a man and woman. “I agree with the dissenting opinion from US supreme court justices Clarence Thomas and Antonin Scalia when they stated ‘Today’s decision represents yet anotherexample of this court’s cavalier attitude toward the states. Over the past few months, the court has repeatedly denied stays of lower court judgments enjoining the enforcement of state laws on questionable grounds.’” “This issue has created confusion wiht conflicting direction for probate judges in Alabama. Probate judges have a unique responsibility in our state, and I support them. I will not take any action against probate judges, which would only serve to further complicate this issue. “We will follow the rule of law in Alabama, and allow the issue of same-sex marriage to be worked out through the proper legal channels.” Updated at 1.37pm ET 1.26pm ET18:26 Meanwhile, the marriages continue. Scott and Terry married by Judge Russell in #Birmingham #ALMarriage http://t.co/oPBJj531DC pic.twitter.com/lg7ZOkNLOY Chaplain in AL: "We've been waiting a long time to marry these people, in the same way that they've been waiting a long time to be married." 1.20pm ET18:20 Our client, Paul Hard, lost his husband in 2011. He is applying for the state to recognize his marriage posthumously. pic.twitter.com/hNgcwIUX7x 1.08pm ET18:08 The judges of Baldwin and Escambia counties have also attempted to walk a middle ground, denying licenses but taking applications. Baldwin and Escambia Counties (AL) not issuing marriage licenses to same-sex couples, accepting applications only. http://t.co/bcHNZvsCnZ Latoria Smith and Kelly Pfannenstiel are first same-sex couple to apply for marriage license in Baldwin Co. pic.twitter.com/T1wzTc53g6 Updated at 1.08pm ET 12.55pm ET17:55 Coffee and Chilton counties are issuing same-sex marriages, increasing the number of counties rejecting order of a state chief justice to six. Probate judges Steve Blair and Robert Martin have said their offices will grant licenses to all couples. Blair issued a statement: “While I have the greatest respect for Chief Justice Roy Moore’s opinions and beliefs, the question of federal pre-emption of state law is long settled … In recognition of my oath as a judge, I am sworn to follow the order of the federal courts with respect to same sex marriages. “My personal beliefs...are entirely immaterial. ... canons of judicial ethics preclude public comment.” Jefferson County probate judge Alan King told the New York Times he did not face a complicated legal decision: “At the end of the day, it’s still a very simple legal analysis: you’ve got a federal court order.” About the marriages themselves, he struck a similarly straightforward note: “If someone can’t understand the joy and happiness of others, then I don’t know what else I can say.” Butler, Colbert and Coosa counties are taking applications but not issuing licenses, following the lead of Autauga probate judge Al Booth and trying to find a compromise as the federal and state judges butt heads. Colbert judge Douglas Rosser Jr said he may reconsider the policy tomorrow. And Bibb County judge Jerry Pow has partially sided with chief justice Moore, granting licenses to exactly no one. One of his fellows, Washington probate judge Nick Williams, told AL.com: “I’m not worried about following the US constitution.” Updated at 1.01pm ET 12.46pm ET17:46 Autauga County will take applications but won’t issue licenses until probate judge Al Booth gets “clarification”, the Montgomery Advertiser reports. “I have the man who runs this state’s court system telling me not to issue marriage licenses for same-sex couples,” Booth said. “I have the federal judiciary telling me I will issue marriage licenses to same-sex couples. I took an oath to uphold the state constitution and then to uphold the constitution of the United States. “I want to uphold my oath. But what law do I follow. Which constitution do I uphold? This is serious, serious business.” Booth went so far as to call the situation “a constitutional crisis”. 12.33pm ET17:33 Petition filed to hold Mobile judge in contempt Attorneys for a couple trying to get married in Mobile County have asked a federal judge to hold probate judge Don Davis in contempt, AL.com reports, after Davis effectively closed the office to anyone for hours Monday morning. Two couples came to the Mobile Government Plaza to file for a adoption papers and a marriage license after a legal saga that brought their case before numerous courts and finally led to the current standoff, in which state judges and a federal decision have taken opposite stances as to whether same-sex marriages should go ahead. But when Cari Searcy, Kimberly McKeand, James Strawser and John Humphrey arrived this morning at the Mobile courthouse. they found the office was shuttered and the judge refusing to make a decision. Their lawyers, Christine Hernandez and David Kennedy, have asked the district court to find Davis in contempt, to impose sanctions on him, and to order the marriage license division of the courthouse opened. Updated at 1.10pm ET 12.18pm ET17:18 The supreme court may have to intervene to settle the dispute between judges, according to a constitutional law professor who’s just spoken with the Guardian’s Amanda Holpuch (@holpuch). Richard Levy, a constitutional law professor at the University of Kansas, told the Guardian why probate judges have been able to not issue same-sex marriage licenses. “It’s not a 100% clear that their hand can be forced until there is a definitive supreme court ruling,” Levy said. “Once there is a definitive supreme court ruling, then that becomes binding throughout the country.” That ruling is expected by the end of June, Amanda writes. If the supreme court deems bans on same-sex marriage illegal, couples denied licenses could get higher judges to force county courthouses to provide the papers. “And if they didn’t, presumably the judges could be removed,” says Levy. Levy said that the situation is parallel to what happened with the supreme court’s 1954 Brown v Board of Education ruling – which said it is illegal for there to separate schools for children based on their race. After that decision was made, people still had to get orders forcing schools to integrate. One of the iconic images from the aftermath of that decision is tied to Alabama – when governor George Wallace blocked black students from entering the University of Alabama in 1963. The National Guard had to be sent to the campus to help it integrate. 12.14pm ET17:14 Madison County’s first same-sex wedding, outside the courthouse in Huntsville. Yashinari Thomas and Adrian Thomas seal Madison County Al's first same-sex wedding with a kiss. #ALmarrage pic.twitter.com/UCXKObcAzR 12.07pm ET17:07 11.58am ET16:58 The tally so far Counties granting licenses to same-sex couples: Jefferson, Montgomery, Madison and Etowah (4). Counties refusing licenses to same-sex couples: Tuscaloosa, Lee, Shelby, Elmore, Covington, Calhoun, Cleburne, Randolph and Washington (9). Counties refusing licenses to anyone: Mobile, Shelby, Pike and Marengo, where the judge will offer papers but won’t sign them (4). There are 51 judges who we’re waiting to hear whether they’ll grant licenses, though some may try to teeter in limbo, as others have already attempted this morning. Updated at 12.54pm ET 11.48am ET16:48 Etowah County is granting licenses to same-sex couples, the Anniston Star’s Ben Cunningham and Daniel Gaddy report, with a couple just married in Gadsden – the hometown of state chief justice and opponent of gay marriage Roy Moore. Denied at home, Piedmont couple has only to drive to Gadsden for a judge who’ll say “I will.” http://t.co/EjeXigPgxl pic.twitter.com/OBkCDzDdun Moore has meanwhile taken to the radio to broadcast his ire at a new target, Republican governor Robert Bentley. Chief Justice Roy Moore on talk radio "He has abdicated his moral high ground....We have a very weak Governor" 11.43am ET16:43 In Mobile the standoff continues between plaintiffs (who want to marry) and an intransigent judge, with the probate court’s lawyer texting another lawyer “All I can say is Judge Davis is holding status quo right now. That’s all I have,” AL.com’s Brendan Kirby reports. Lawyers in #ALmarriage case are drafting motion for federal court right now to force probate judge in Mobile to grant marriage licenses. Probate judges who refuse to grant marriage licenses to same-sex couples could face lawsuits, Alabama’s ACLU director has told the Associated Press. Susan Watson, executive director of the American Civil Liberties Union of Alabama, said she has heard of four counties where judges have refused to issue marriage licenses to same-sex couples. She said the judges face the risk of lawsuits for refusing. “I would really think long and hard before defying a federal court order,” Watson said. 11.35am ET16:35 Two Tuscaloosa police employees have been denied a marriage license by their county judge, AL.com reports, and said that probate judge Hardy McCollum ought to be held in contempt of court. When the office opened, two women who both work at the Tuscaloosa Police Department entered together and asked for a marriage license. A clerk refused to issue them one and instead handed them a summary of the order Moore issued Sunday night prohibiting probate judges statewide from granting licenses to same-sex couples. The couple, Tiffany Morrison and Melina Akens, said McCollum should be held in contempt of court for refusing to issue marriage licenses to same sex couples. Their next step, they said, was to travel to Jefferson County, where licenses for gay marriage were being granted Monday morning. McCollum then invited local media into his office and said that he and the other judges were bound to comply with the order of state chief justice Roy Moore, “he being the chief administrative and judicial officer for the state of Alabama.” McCollum said the decision would stand until Moore or the US supreme court ordered otherwise. 11.29am ET16:29 Marengo County’s Laurie Hall has said she will not sign marriage licenses although her office will have them available, in a decision that puts her on the list of probate judges trying to navigate the judicial chaos by jumping out of it. Covington County judge Benjamin Bowden is also refusing licenses to same-sex couples, also deferring the decision to the US supreme court. “I have concluded that I have a duty to uphold Alabama law until a court with authority over me directs me otherwise,” Bowden wrote in a statement. “The United States Supreme Court has agreed to hear and rule on a very similar case from another state this summer. I look forward to getting a definitive answer as soon as possible.” 11.20am ET16:20 At least three counties – Jefferson, Montgomery and Madison – are issuing marriage licenses to same-sex couples. Madison’s probate judge Tommy Ragland opened his doors earlier this morning, and the together the counties make for three of the state’s four largest. The first couple has gotten a marriage license at Madison County Courthouse! #ALmarriage #Alabama Two more judges have refused licenses to couples, including Washington County’s Nick Williams, who writes in a “declaration in support of marriage” that probate judges can only issue marriages “or solemnize marriages which are consistent with Alabama’s recognition of the institution of marriage.” He argues that the US supreme court has to decide the issue, and that probate judges are not bound by lower federal courts. Clarke County’s Valerie Bradford Davis has joined the short list of judges who are refusing to issue any licenses, to straight or gay couples, saying “probate judges are not mandated to issue marriage licenses” and “the decision will not affect the right of anyone to obtain a license for marriage in Alabama.” She redirects couples to other counties to obtain a license. Updated at 11.27am ET 11.09am ET16:09 Mobile – where same-sex couples are in a tense standoff with officials, who’ve shut the office windows to everyone – is of particular importance to the story of same-sex marriage in Alabama because it’s where the plaintiffs against the ban want to get married. The Guardian’s Amanda Holpuch (@holpuch) has more: Cari Searcy and Kimberly McKeand and James Strawser and John Humphrey are at Mobile government plaza waiting to file marriage and adoption documents. Searcy and McKeand are there to file adoption papers that will allow Searcy to legally adopt McKeand’s biological child. Strawser and Humphrey are hoping to apply for their marriage license. US district court judge Callie Granade struck down Alabama’s ban with her decision in the case brought by Searcy and McKeand, who legally married in California. State supreme court justice Roy Moore defied Granade’s order to allow the marriages. Less than a week later, Granade ruled in Strawser and Humphrey’s case – which sought the right to get a marriage license in Alabama. They have not married in another state. 10.58am ET15:58 Although the mood is largely celebratory in Jefferson and Montgomery counties, protesters set up shop alongside the many same-sex couples who’ve lined up to get married this morning. The Times’ Alan Blinder tweets that “every time a gay couple emerges from the courthouse in Birmingham, they’re greeted by a few protesters and dozens of cheers from supporters.” 10.52am ET15:52 Chief justice Roy Moore, the man who ordered probate judges not to issue licenses, has committed an “outrageous” overreach of his authority, the president of the rights group the Southern Poverty Law Center says in a statement. Richard Cohen’s statement continues: “Chief justice Roy Moore – who once before was kicked out of office for defying a federal court order – is once again provoking a confrontation with the federal courts. The United States District Court for the Southern District of Alabama – like virtually every other court – has ruled that Alabama’s ban on same-sex marriage is unconstitutional. … “Instead of respecting these rulings, the chief justice has decided to create a crisis in our state but telling the probate judges to ignore the ruling of the district court and threatening them with unspecified gubernatorial action. It’s outrageous. We urge the probate judges to follow the constitution of the United States and issue marriage licenses when their offices open in the morning. Chief justice Moore has no authority to tell them to do otherwise.” The time Moore was “kicked out of office” refers to a dispute in the early 2000s, when Moore defied a federal court’s order to remove a statue of the Ten Commandments from a government building. He was then ousted from office, but won election again in 2013. 10.45am ET15:45 Mobile County probate judge Don Davis is refusing to marry anyone, leaving eight couples waiting at the courthouse while windows and doors remain shut, AL.com’s Brendan Kirby reports. Only one window is open, Kirby says, for “recording purposes only”. Not a good day to conduct regular business in Mobile probate office. "I wish I'd come Friday," says man in line to record deed. 10.37am ET15:37 Calhoun County judge Alice Martin refused six couples marriage licenses this morning, putting her in step with chief justice Moore, the Anniston Star reports. “We were prepared to issue licenses this morning but for the order issued by Justice Moore,” Martin said. She said she was awaiting the federal courts’ response to Moore’s order. In Anniston, Alisha Gordon and Teresa Smith, a couple for 11 years, were near the head of the line, hoping to marry as soon as a license was available. They said they hoped to be the first same-sex couple to tie the knot in Calhoun County. “To make history,” Smith said when asked why. “History is going to be made today and we want to be part of it.” After Martin said she wouldn’t issue the licenses, Smith said she and Gordon would head to Bessemer to try there. The Star also reports that Cleburne County probate judge Ryan Robertson has also sided with Moore and refused to issue licenses, calling the situation “too confusing”. Randolph County judge George Diamond also said he would follow Moore’s order, with the Star quoting him as saying judges are “in a spot”. 10.29am ET15:29 But in Jefferson County the celebrations continue, making Alabama the 37th state with legal same-sex marriage despite the contested state of affairs. Another coupe getting married in Linn Park pic.twitter.com/7pOs6gMj86 10.23am ET15:23 Two more probate judges say they will not issue marriage licenses, following the order of state chief justice Roy Moore. Pike County’s Wes Allen says he won’t issue marriage licenses, and Elmore County’s John Emerson Enslen says “this policy of not issuing same sex marriage licenses will remain in effect pending further instructions to the contrary, if any , from those having superior authoritative jurisdiction over the matter.” Pike County, Alabama: Probate Judge says he's out of the marriage business for good. 10.10am ET15:10 Alabama’s attorney general, Luther Strange, has washed his hands of the issue for now, he has made clear in a statement. Strange “expressed regret” over the US supreme court’s refusal to stay same-sex marriages in the state, saying he expects “more confusion in the coming months leading up to the supreme court’s anticipated ruling on the legality of same-sex marriage.” With the lifting of the 14-day stay on February 9, 2015, the US District Court order remains in effect, enjoining me from enforcing Alabama’s laws against same-sex marriage in my official capacity as Attorney General. To clarify my authority in this matter, the Alabama Attorney General’s Office does not issue marriage licenses, perform marriage ceremonies, or issue adoption certificates. The Chief Justice has explained in a public memorandum that probate judges do not report to me. I advise probate judges to talk to their attorneys and associations about how to respond to the ruling. Furthermore, I encourage any state agencies with questions about the ruling in Searcy and Strawser to contact the Governor’s Office.” In other words, the federal district court prevents him from enforcing the ban, and the state supreme court justice has told him to keep his hands off the probate judges. For everyone else, Strange says, talk to your lawyers or call the governor. 10.05am ET15:05 True Americans in Alabama, the Times’ Alan Blinder reports. Newly married gay woman in Alabama: "I'm fixing to go get me a steak." 9.58am ET14:58 Probate judge Steven Reed is issuing licenses in Montgomery County, meaning two counties freighted with painful and proud civil rights history – Birmingham and Montgomery – are now celebrating same-sex marriages. First ceremony performed at Linn Park #birminghamal #kscopenews pic.twitter.com/hJD4fm3VA6 9.56am ET14:56 Lee County probate judge Bill English is denying marriage licenses to same-sex couples. English is pleading innocence by obedience to chief justice Roy Moore, east Alabama’s Allen Henry reports from the courthouse. Lee County Probate Judge's office has Chief Justice Moore's order posted on the door pic.twitter.com/j2md8m0lRC 9.52am ET14:52 The nation’s supreme court justices decided 7-2 against staying gay marriages in Alabama on Monday morning, certifying that the federal government permits same-sex marriages in the state, and denying the state’s appeal to keep its ban in place. Justices Clarence Thomas and Antonin Scalia were the only two to dissent, with Thomas writing in dissent that the decision “represents yet another example of this Court’s increasingly cavalier attitude toward the states.” 9.49am ET14:49 Probate judge W Hardy McCollum has denied marriage licenses in Tuscaloosa County, saying he’s abiding the order from state supreme court justice Roy Moore. Same sex couples denied marriage licenses in Tuscaloosa County Monday. pic.twitter.com/Emyi45J3Fn 9.46am ET14:46 Shelby County judge Jim Fuhrmeister has decided not to issue any marriage licenses until further notice, Alabama’s 13 News Sarah Killian relays via a missive posted to the courthouse door. Sign just posted: Shelby Co will not issue ANY marriage licenses until further notice. pic.twitter.com/wWtgk8Vy1n Killian reports that Fuhrmeister says “he’s caught between two activist judges in Granade and Moore.” Fuhrmeister apparently didn’t know what he would do until the very last moment. He or perhaps some staffer was caught between haste and correct English: “apologize” and “inconvenienced” are misspelled. Updated at 10.04am ET 9.42am ET14:42 Jefferson County marries same-sex marriage couples Jefferson County probate judge Alan King has started issuing marriage licenses. The New York Time’s Alan Blinder is on the scene in Birmingham, watching judge Michael Gaffeo make it official for a couple. A same-sex wedding about to begin in Birmingham. pic.twitter.com/OyGeB74xqk After marrying a gay couple in Birmingham, a judge asked for a picture with them. pic.twitter.com/QESkBxxvyC Updated at 11.59am ET 9.40am ET14:40 At least six probate judges said they plan to oppose the action by not following the federal order, my colleague Amanda Holpuch (@holpuch) writes from Washington DC: Pike County probate judge Wes Allen that he would not issue the licenses so he could adhere to his Christian beliefs. “The people of Pike County elected me to perform my duties and they also elected me because of who I am and the values I live by,” Allen told The Troy Messenger. “I am choosing to take the Pike County Probate Office out of the marriage licensing business altogether. That is completely within my rights under the laws of Alabama.” Convington County probate judge Ben Bowden said he would not issue the licenses because he does not believe the federal judge’s decision requires him to do so. Marengo County probate judge Laurie Hall said her office would no longer perform marriages and that she would not sign licenses. Amanda also notes that Equality Alabama and ACLU Alabama have created a hotline for people that encounter problems while applying for licenses on Monday. 9.35am ET14:35 Alabama’s courts are in a state of limbo on Monday morning after the US supreme court refused to block same-sex marriages in the state, denying an appeal and setting up a clash between state judges and their federal counterparts. On Sunday night state supreme court judge Roy Moore ordered the state’s more than 65 probate judges not to issue marriage licenses to same-sex couples, defying a federal judge’s decision that the state would allow gay marriage applications to begin Monday morning. That clash means that each of the probate judges will have to decide whether to follow the order of either elected state judge and federal district judge. In theory, Alabama We’ll be following each of the decisions of each of those judges – all popularly elected, like Moore – in turn this morning, as one of the most conservative states in the US struggles over the question of whether to allow and recognize same-sex marriages. Updated at 3.00pm ET |