In a federal court hearing in Mobile Thursday, U.S. District Judge Callie V.S. Granade issued an order in favor of several same-sex couples—represented by the National Center for Lesbian Rights, ACLU of Alabama, and private counsel Christine Hernandez and David Kennedy—who tried unsuccessfully to get married in the city earlier this week. Probate Judge Don Davis, who has refused to issue licenses to any couples since Monday, was cited by Granade for failing to follow the law.

“Probate Judge Don Davis is hereby enjoined from refusing to issue marriage licenses to plaintiffs due to the Alabama laws which prohibit same-sex marriage,” Judge Granade wrote. “This injunction binds Judge Don Davis and all his officers, agents, servants and employees, and others in active concert or participation with any of them, who would seek to enforce the marriage laws of Alabama which prohibit or fail to recognize same-sex marriage.”

“It is time for the judicial chaos that Chief Justice Roy Moore has caused to end,” said HRC Legal Director Sarah Warbelow. “Both the law and Judge Granade’s action today are crystal clear: refusing to follow the law has consequences. All probate judges should do their duties as public servants and begin to issue licenses to committed, loving same-sex couples immediately.”

As of noon Thursday, 23 counties are issuing marriage licenses to all couples in Alabama, meaning that 45% of Alabama residents are living in counties with marriage equality. But 18 counties, encompassing roughly 1 million people, are still only issuing marriage licenses to heterosexual couples. Though the Mobile Probate Judge is explicitly enjoined in Judge Granade’s new order, HRC has not yet received confirmation that any same-sex marriage licenses have been issued.

Issuing to all couples: 23 counties: Autauga, Bullock, Butler, Calhoun, Chilton, Coffee, Conecuh, Crenshaw, Dallas, Elmore, Etowah, Jackson, Jefferson, Lawrence, Limestone, Lowndes, Madison, Monroe, Montgomery, Morgan, Perry, Wilcox and Winston.

Issuing to only straight couples: 18 counties: Baldwin, Chambers, Clay, Cleburne. Covington, Dekalb, Escambia, Greene, Lee, Macon, Marengo, Pickens, Shelby, Sumter, St. Clair, Talladega, Tuscaloosa, Washington.

Not issuing licenses to any couples: 26 counties: Barbour, Bibb, Blount, Cherokee, Choctaw, Clarke, Colbert, Coosa, Cullman, Dale, Fayette, Franklin, Geneva, Hale, Henry, Houston, Lamar, Lauderdale, Marion, Marshall, Mobile, Pike, Randolph, Russell, Tallapoosa, Walker.

Update 5:10pm: Mobile begins issuing licenses to same-sex couples

Issuing to all couples: 24 counties: Autauga, Bullock, Butler, Calhoun, Chilton, Coffee, Conecuh, Crenshaw, Dallas, Elmore, Etowah, Jackson, Jefferson, Lawrence, Limestone, Lowndes, Madison, Mobile, Monroe, Montgomery, Morgan, Perry, Wilcox and Winston.

Issuing to only straight couples: 18 counties: Baldwin, Chambers, Clay, Cleburne. Covington, Dekalb, Escambia, Greene, Lee, Macon, Marengo, Pickens, Shelby, Sumter, St. Clair, Talladega, Tuscaloosa, Washington.

Not issuing licenses to any couples: 26 counties: Barbour, Bibb, Blount, Cherokee, Choctaw, Clarke, Colbert, Coosa, Cullman, Dale, Fayette, Franklin, Geneva, Hale, Henry, Houston, Lamar, Lauderdale, Marion, Marshall, Pike, Randolph, Russell, Tallapoosa, Walker.

Update: 5:33: According to an HRC staffer, Conecuh will no longer issue licenses to same-sex couples.

Issuing to all couples: 23 counties: Autauga, Bullock, Butler, Calhoun, Chilton, Coffee, Crenshaw, Dallas, Elmore, Etowah, Jackson, Jefferson, Lawrence, Limestone, Lowndes, Madison, Mobile, Monroe, Montgomery, Morgan, Perry, Wilcox and Winston.

Issuing to only straight couples: 19 counties: Baldwin, Chambers, Clay, Cleburne, Conecuh, Covington, Dekalb, Escambia, Greene, Lee, Macon, Marengo, Pickens, Shelby, Sumter, St. Clair, Talladega, Tuscaloosa, Washington.

Not issuing licenses to any couples: 26 counties: Barbour, Bibb, Blount, Cherokee, Choctaw, Clarke, Colbert, Coosa, Cullman, Dale, Fayette, Franklin, Geneva, Hale, Henry, Houston, Lamar, Lauderdale, Marion, Marshall, Pike, Randolph, Russell, Tallapoosa, Walker.

Friday 12:00 pm: 14 counties not issuing to same-sex couples

Issuing to all couples: 39 counties: Autauga, Baldwin, Blount, Bullock, Butler, Calhoun, Cherokee, Chilton, Coffee, Colbert, Conecuh, Crenshaw, Dale, Dallas, Elmore, Escambia, Etowah, Fayette, Franklin, Greene Henry, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone, Lowndes, Madison, Mobile, Monroe, Montgomery, Morgan, Perry, Talladega, Tuscaloosa, Wilcox and Winston.

Issuing to only straight couples: 14 counties: Chambers, Clay, Cleburne. Covington, Cullman, Dekalb, Macon, Marengo, Marion, Pickens, Shelby, Sumter, St. Clair, Washington.

Not issuing licenses to any couples: 14 counnties: Barbour, Bibb, Choctaw, Clarke, Coosa, Geneva, Hale, Houston, Marshall, Pike, Randolph, Russell, Tallapoosa, Walker.

Stay tuned as HRC continues to monitor the situation on the ground in Alabama.


Filed under: Marriage, Community

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