As More Alabama Probate Judges Start Issuing Marriage Licenses, HRC Urges Others to Follow the Law

Same-sex couples still unable to receive marriage licenses in approximately 42 counties due to judicial "confusion" created by Justice Roy Moore

WASHINGTON - February 10, 2015 —As probate judges in ten counties began issuing marriage licenses to same-sex couples on Tuesday after failing to do so on Monday, the Human Rights Campaign (HRC) calls on all remaining judges to follow the rule of law and ignore Justice Roy Moore's attempts at judicial fiat.

Moore sowed judicial chaos in Alabama by issuing an edict late Sunday night "ordering" all probate judges to not issue licenses to same-sex couples after a temporary stay on a federal court ruling striking down the state's same-sex marriage ban ended on Monday morning. Under federal law, the expiration of that stay on Monday morning should compel every public servant tasked with issuing marriage licenses to extend that service to loving same-sex couples.

"All of Alabama's probate judges should act in accordance with the law, as is their duty," said Sarah Warbelow, HRC's Legal Director. "Despite Justice Moore's unethical, desperate arguments to the contrary, the legal obligations of the probate judges to issue marriage licenses to committed, loving gay and lesbian couples are crystal clear."

Developments on the ground come amid encouraging new statements from Alabama Governor Robert Bentley, who yesterday said he would not penalize judges who refused to issue licenses. But in an interview with the Associated Press, Bentley said:

"I don't want Alabama to be seen as it was 50 years ago when a federal law was defied. I'm not going to do that," Bentley said in an interview with The Associated Press. "I'm trying to move this state forward."

Since the U.S. Supreme Court denied a request to stay a federal judge's ruling striking down Alabama's ban on marriage equality on Monday morning, dozens of committed and loving couples have married in counties across the state. But if the number of counties still failing to issue licenses is any indication, Judge Moore's attempts at stoking judicial chaos are still finding a degree of success.

"Federal law should be followed, and the unfortunate reality is that in a majority of Alabama counties, it's not," said Warbelow. "We urge Alabama's political leadership not to stand on the wrong side of history. It's time for all LGBT Alabamians to have the opportunity to exercise their constitutional right to marry they person they love."

The Human Rights Campaign is America's largest organization working to achieve lesbian, gay, bisexual and transgender equality. HRC envisions a world where LGBT people are embraced as full members of society at home, at work and in every community.