The association representing Alabama’s probate judges said on Sunday it is possible some judges there may issue marriage licenses to same-sex couples when courthouses open on Monday, despite their advice against it.
US district judge Callie Granade ruled for one same-sex couple on Friday, declaring that Alabama’s statutory and constitutional gay marriage bans violate the US constitution.
Judge Greg Norris, president of the Alabama Probate Judges Association, said on Sunday it would be up to each probate judge to decide whether to grant licenses to same-sex couples from Monday.
Norris said the group was advising Alabama’s 68 probate judges not to do so, citing a lawyers’ opinion that Friday’s decision only applies to one case involving a same-sex couple.
The association’s lawyer, Al Agricola, said the group does not know whether any Alabama judges will actually issue licenses on Monday.
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