MONTGOMERY, Ala. — A probate judge is asking the Alabama Supreme Court to concede that same-sex couples can marry in Alabama if the U.S. Supreme Court rules same-sex marriage bans unconstitutional later this year.
Montgomery County Probate Judge Steven Reed on Tuesday filed a motion for rehearing with state justices who on March 3 ordered probate judges to stop issuing marriage licenses to same-sex couples.
Reed said he “respectfully disagrees” with the court’s decision. He asked justices to amend the order to make it clear that the U.S. Supreme Court has final say.
Reed said it’s important the state not engage in “foot dragging” regarding constitutional rights.
Reed was one of the first judges to issue marriage licenses to gay couples after a federal judge ruled Alabama’s gay marriage ban was unconstitutional.
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