Judge: Feds should issue same-sex marriage licenses, not states

An Alabama probate judge is asking the state's Supreme Court for a way out of issuing marriage licenses to same-sex couples.

An Alabama probate judge is asking the state's Supreme Court for a way out of issuing marriage licenses to same-sex couples.

An Alabama probate judge is asking the state's Supreme Court for a way out of issuing marriage licenses to same-sex couples.

An Alabama probate judge is asking the state’s Supreme Court for a way out of issuing marriage licenses to same-sex couples.

MONTGOMERY, Ala. — An Alabama probate judge is asking the state’s Supreme Court for a way out of issuing marriage licenses to same-sex couples.

Elmore County Probate Judge John Enslen filed a petition Monday that says the federal government, not state offices, should issue same-sex marriage licenses. Enslen says the federal government is responsible for upholding and enforcing other laws created at the federal level.

The petition asks the court to order judges statewide not to issue same-sex marriage licenses or recognize licenses that Enslen says have been issued in contradiction to the Alabama Constitution.

Enslen also asks that the state declare it will recognize only same-sex marriage licenses if they have been issued by the federal government or by states that have their own gay marriage laws.

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