Although, according to an article on Immortal News, some counties in Alabama did issue same-sex marriage licenses on Monday while most didn’t, a federal judge will hear the case about issuing same-sex marriage licenses on Thursday. While many gay and lesbian couples wanted to be legally married in the county they lived in and some were allowed while others were turned away, those who were turned away decided to drive to a different county to make their relationship legal on Monday. Today, Tuesday, Feb. 10, more probate judges in some of the Alabama counties issued more same-sex marriage licenses.
According to ABC News on Feb. 10, a federal judge has scheduled a hearing for Thursday to force Mobile County in Alabama to issue same-sex marriage licenses to couples. Also, a separate lawsuit was filed against a probate judge there. The defendant in this lawsuit is Chief Justice Roy Moore who is the judge who ordered that the probate judges in the different counties in the state to not issue gay and lesbian marriage licenses. However, because of Moore’s order, there was much confusion going on around the state on whether to issue same-sex marriage licenses to the couples. Because of all of this confusion, some couples were allowed to get legally married while others were turned away and had to drive to a different county in order to get their marriage license.
According to the New York Times, the federal judge will hear the case and will start ordering the probate judges to issue same-sex marriage licenses. Apparently though, some of the counties that did refuse to do so on Monday, changed their minds on Tuesday and started issuing the same-sex marriage licenses.
Judge John Enslen, of Probate Court in Elmore County changed his mind on Tuesday and decided to issue same-sex marriage licenses. He explained why by posting on Facebook that if any federal court judge ordered probate judges to issue the licenses to gay and lesbian couples would be subject to paying for any damages and litigation costs incurred by denying the same-sex couple which would happen in a federal civil lawsuit.