MONTGOMERY, Ala. – Alabama Chief Justice Roy Moore on Wednesday said state probate judges remain under a court order to refuse marriage licenses to gay couples even though a US. Supreme Court decision effectively legalized same-sex marriage more than six months ago.
The outspoken chief justice, who previously tried to block gay marriage from coming to the Deep South state, issued an administrative order saying the Alabama Supreme Court never lifted a March directive to probate judges to refuse licenses to gay couples.
“Until further decision by the Alabama Supreme Court, the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect,” Moore wrote.
The March order from the state Supreme Court came down at the request of conservative probate judges after a federal judge ruled the state’s gay-marriage ban illegal in January 2015. Months later, the U.S. Supreme Court in June issued a ruling that effectively legalized gay marriage nationwide.
The state court had asked for briefs on how to proceed after that ruling, but has not issued any follow-up orders. Moore said he was issuing his administrative order because there was “confusion” among probate judges on how to proceed.