While a federal judge in Alabama ruled Alabama's marriage equality ban(s) unconstitutional on Friday, probate judges there say that the ruling only applies to the named plaintiffs. It sounds like more of the nonsense we experienced in Florida at the end of last year with confusion among county clerks as to the scope of Judge Hinkle's ruling.
From Birmingham's ABC Affiliate:
The Alabama Probate Judges Association says Friday's ruling does not open the door for the issuance of same-sex marriage licenses. Cari Searcy and Kim McKeand are the only plaintiffs in the case that was filed against Alabama Attorney General Luther Strange. The Alabama Probate Judges Association says that is a key point in the effect that this ruling has on the duties of probate judges. "Judge Granade's ruling in this case only applies to the parties in the case and has no effect on anybody that is not a named party. The probate judges were not parties in this matter," Al Agricola, attorney for the Alabama Probate Judges Association, explained. "The legal effect of this decision is to allow one person in one same-sex marriage that was performed in another state to adopt their partner's child. There is nothing in the judge's order that requires probate judges in Alabama to issue marriage licenses to same sex couples." Probate Judges are elected in all 67 counties in Alabama and are statutorily given the responsibility of issuing and recording marriage licenses.
via
JMG
Meanwhile, the plaintiffs have compared the probate judges to George Wallace, and have asked Judge Granade to clarify her ruling indicating statewide effect.
From the motion:
Clarification is necessary as the Probate Judges association in Alabama have assumed the position like George Wallace at the schoolhouse door staring defiantly upon this Court’s order reasoning that not all citizens of Alabama are entitled to the same rights and privileges afforded under the Constitution of the United States and that as Probate Judges “it is [their] duty to issue marriage licenses in accordance with Alabama law and that means [they] can not legally issue marriage licenses to same sex couples.” Alabama Probate Judges Association statement to the press on January 24, 2015. It is respectfully submitted that this Court’s order declaring Ala. Const. Art. 1§ 36.03 (2006) and Ala. Code 1974 §30-1-19 unconstitutional for violation of the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment shall meet with immediate defiance and confusion without further clarification.
UPDATE 1:
Per shrekk and quaoar in the comments below, the judge has issued a fourteen day stay on the ruling.