Judge: Alabama should give marriage licenses to gay couple

Montgomery, Ala. (AP) — The federal judge who overturned Alabama's same-sexmarriage ban says probate judges should begin issuing marriage licenses to gay couples when a stay expires.

U.S. District Judge Callie V. S. Granade stopped short of directly ordering judges to issue the licenses, but said Wednesday that her order makes it clear that the ban is unconstitutional.

Granade referred to a judge's order in Florida after clerks there argued a ruling striking down that state's marriage law didn't require every county to give licenses to gay couples.

The Florida judge said the U.S. Constitution requires the clerk to issue such licenses, and they risked additional litigation if they didn't.

Granade issued the clarification order after the Alabama Probate Judges Association said it did not require them to issue licenses to gay couples.

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The Gayly – January 28, 2015 @ 1:40pm.