MONTGOMERY, Ala. — A federal judge is not backing off her order to an Alabama probate judge that he must issue marriage licenses to same-sex couples.
U.S. District Judge Callie Granade on Monday refused to stay her order to Mobile County Probate Judge Don Davis. Granade in January ruled that Alabama’s gay-marriage ban is unconstitutional and told Davis that he could not refuse licenses because of a couple’s sexual orientation.
The Alabama Supreme Court, however, issued a ruling earlier this month telling all probate judges to refuse to issue the licenses.
Granade said the “overwhelming consensus” of courts across the country is that the bans are unconstitutional.
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Following the state Supreme Court decision, Davis shut down all marriage-license operations altogether to avoid running afoul of either order.
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