Probate office abides by state’s high court order
The Morgan County Probate office is no longer issuing marriage licenses to same-sex couples, pursuant to a ruling by the Alabama Supreme Court on Tuesday.
“Effective this morning, we discontinued issuing marriage licenses to anyone other than one man and one woman, in accordance with the court order,” said Morgan County Probate Judge Greg Cain. “We’re sitting and waiting until further notice.
“I can say we have issued marriage licenses to same sex couples since Feb. 9,” Cain said Wednesday, “but I haven’t searched the records to determine how many.”
The court’s 134-page opinion, which had the support of six justices, states that Alabama law defines marriage as between only one man and one woman. It further states that the U.S. Constitution doesn’t alter the judge’s duty to administer state law.
In a dissenting opinion, Justice Greg Shaw said the State Supreme Court doesn’t have the power to consider the same-sex marriage issue. However, he pointed out that it’s unfortunate that federal courts refused to delay gay marriage in the state until the Supreme County could settle the issue nationally.
The State Supreme Court ruling followed a request from the Alabama Policy Institute and Alabama Citizens Action program to halt same sex marriages.