The judge who struck down Alabama's same-sex marriage ban made it clear that her ruling will apply to all Alabama state officials.
U.S. District Judge Callie V.S. Granade clarified her ruling on Jan. 28 after the Alabama Probate Judges Association issued a statement advising probate judges that the ruling did not apply to them.
Granade placed a stay on her Jan. 23 ruling that declared Alabama's same-sex marriage ban unconstitutional to allow the 11th U.S. Circuit Court of Appeals to hear the case on appeal.
The appeals court has until Feb. 9 to extend the stay.
If the court does not extend the stay, Alabama officials must issue marriage licenses to same-sex couples.
"The Judgment in this case makes it clear that (Alabama's laws banning same-sex marriage) are unconstitutional because they violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment," Granade said in her ruling.
Granade ruled in favor of Cari Searcy and Kimberly McKeand, who were married in California, according to court documents.
Searcy and McKeand sued Alabama to allow Searcy to adopt McKeand's 8-year-old-son after their petition to the Mobile County Probate Court was denied, according court documents.
"If anything, Alabama's prohibition of same-sex marriage detracts from its goal of promotion optimal environments for children," Granade said.
Alabama Attorney General Luther Strange immediately filed a motion to stay, which was granted Sunday, Jan. 25.
Alabama Speaker Mike Hubbard, who represents Auburn in the Alabama State Legislature, said in a statement on his Facebook page the Legislature will defend "Christian conservative values" and encourage a vigorous appeals process.
"It is outrageous when a single unelected and unaccountable federal judge can overturn the will of millions of Alabamians who stand in firm support of the Sanctity of Marriage Amendment," Hubbard said.
The Alabama Probate Judges Association issued a statement Saturday, Jan 24, declaring they would not issue marriage licenses to same-sex couples.
"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," said Al Agricola, attorney for the Alabama Probate Judges Association, in the statement. "There is nothing in the judge's order that requires probate judges in Alabama to issue marriage licenses to same-sex couples."
A joint statement was issued Sunday, Jan 25, by Equality Alabama, Human Rights Campaign, the American Civil Liberties Union and the Southern Poverty Law Center that said the Alabama Probate Judges Association is wrong.
"Probate judges should comply with their constitutional obligations as declared by a federal court rather than the desires of the leaders of a private professional organization," the statement read.
Read Granade's ruling and stay order below:
This story was originally published Jan. 23 and was last updated on Jan. 28 to include new information.
Do you like this story? The Plainsman doesn't accept money from tuition or student fees, and we don't charge a subscription fee. But you can donate to support The Plainsman.
