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A spirit that is not afraid

Same-sex couple plans to wed and obtain a marriage license in Lee County

The United States Supreme Court made history Friday, June 26, legalizing same-sex marriage in all 50 states. This decision sparked reactions across the nation both within and surrounding the lesbian, gay, bisexual and transgender community. 

Lee County Probate Judge Bill English decided to issue marriage licenses to same-sex couples Monday, June 29, however, Alabama Supreme Court Chief Justice Roy Moore issued an order stating people involved in the U.S. Supreme Court case have 25 days to file for a rehearing inviting people involved with Alabama's same-sex marriage case to submit motions regarding the effect of the Supreme Court's decision until July 6. 

"In no way does the order instruct probate judges of this State as to whether or not they should comply with the U.S. Supreme Court's ruling," Moore said in the statement.

Tim Zindorf and Chad Peacock met May 2011 and have been together four years. They plan to marry August 8 at the Fountainview Mansion in Auburn. 

"Right now it's still confusing, one day it's you can, the next day you can't, yesterday we heard you can and today it seems like you can't, so we're not sure," Zindorf said. "We haven't done it yet." 

Brandon Blankenship, Peacock's best man, called Zindorf to inform him of the U.S. Supreme Court's decision to legalize same-sex marriage. 

"I started crying, I cried twice ... I do not cry," Zindorf said. "I was like extremely happy, but then of course, the [courthouse] closed and they're not doing it in Lee County ... the only thing I think that really upsets me about it is because I was in the Army and I fought for all this freedom and that stuff, freedoms that I don't even get, so that was more like why I was happy about it." 

Zindorf said during his four years in the Army he met Cornelius Benson who introduced him to performing as a drag queen. 

"We went out, and it was a big hit," Zindorf said. "And then the owner asked us to perform." 

Zindorf's stage name is Imberli DiArmani, and she has been performing for five years. 

"I mean everyone so far is like, has been excited that this is our first gay wedding," Zindorf said. "The people that are doing our cake ... we're all excited about doing a gay wedding." 

Zindorf said they plan to get their marriage license in Lee County. 

"I'll raise hell," Zindorf said. 

English's decision hasn't come lightly as he said he sought the advice of Attorney Kendrick Webb to make the decision whether to follow the U.S. Supreme Court's ruling or the state's. 

"We get hit with [the ruling] on Friday, I'm not going to knee-jerk and act without understanding and reading it," English said. "And my attorney asked for some time to read it, which I think is a reasonable request."

Lee County is under a federal court order from Mobile to issue same-sex marriage licenses.

The federal court issued an injunction Monday, Feb. 9, ordering the state not to comply with Alabama law, which states same-sex marriage is illegal.

"We are currently under two different court orders," English said. "I've read the Supreme Court ruling, but I need my lawyer to tell me how it interacts with the two cases."

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Jamie Miller, Zindorf and Peacock's friend who also performs in drag as Lotus DiArmani, explained the conflict between federal and state courts. 

"The federal law overrides that of the state and so, if the Supreme Court says, issued the license, and the states say, 'Well we're not going to,' so the Supreme Court will have the right to say, 'Okay, you're not issuing licenses, we'll come in and we'll do it for you,'" Miller said. 

English said he will uphold his duties, no matter what his opinion is.

"We're going to comply with the law," English said. "My oath of office is to uphold the Constitution, not just what I agree with or disagree with."

Some counties in Alabama such as Pike County decided not to issue any marriage licenses at all. 

"To be completely honest, it doesn't bother me," Peacock said. "I'm totally with that, just because now everyone can see what it's like to not be able to marry the person they love, so we're not looking for more rights, we're asking for the same rights. If gay people can't marry, then straight people can't get married, but it shouldn't be yes to you and no to you. No for everybody or yes for everybody."

Peacock said Zindorf will be taking Peacock as his last name. 

"I hate the question people ask, 'Who's the man, who's the woman?' Zindorf said. "That's the most ridiculous question someone can ask."

Zindorf said they are both husbands. 

"If I heard one more time someone ask me if Tim's going to wear a dress, I'm gonna flip out," Peacock said. 

Peacock and Zindorf both said their friends act as family and their support in the entire process. 

Zindorf's dad and step-mom will not be attending the wedding. 

"Those are the type of people, I want to be like, you know, 'I love you and you're my dad or whatever, but I'm going to do this without you,'" Zindorf said. 

Peacock and Zindorf plan to go to Lee County to get a marriage license. 

The Alabama Supreme Court issued an order to halt same-sex marriages Tuesday, March 3.

The United States Supreme Court's case legalizing same-sex marriage involved the Sixth Circuit courts, which is over four states: Kentucky, Tennessee, Ohio and Michigan.

"I will comply with the Supreme Court's ruling, but I need to make sure that how I comply doesn't violate one order or the other," English said.


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