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.
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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