CLANTON, Ala. — Two conservative groups are asking the Alabama Supreme Court to order state probate judges to stop giving marriage licenses to gay couples.

The Alabama Policy Institute and Alabama Citizens Action Program filed the request Wednesday. The groups are asking the justices to back the position of Chief Justice Roy Moore that probate judges should not issue the licenses.
A federal judge found the state’s gay marriage ban to be unconstitutional. However, Moore said probate judges are not a defendant in the case and are not required to issue the licenses.
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Some counties are letting gay couples wed. Some are not.
U.S. District Judge Callie Granade scheduled a Thursday hearing on a request by gay couples to force the Mobile probate court to issue the marriage licenses.
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