Judge won't lift ruling instructing Alabama probate judge to comply with marriage order

An order instructing Mobile County's probate judge to issue marriage license to gays will remain in effect, a federal judge ruled Monday.

Attorneys for Mobile County Probate Judge Don Davis had asked U.S. District Judge Callie V.S. "Ginny" Granade to put that order on hold in light of a subsequent contradictory ruling by the Alabama Supreme Court. That court later specifically ruled that Davis, too, is bound by its ruling that same-sex couples should not get marriage licenses until after the U.S. Supreme Court settles the issue.

"Although the court would agree that the developments in these same-sex marriage cases has at times seemed dizzying, the court finds that Judge Davis has not shown that a stay is warranted," Granade wrote.

That leaves Davis caught between conflicting orders of two different courts. His attorneys could not immediately be reached for comment. The Mobile County marriage license office has been closed to all couples - gay and straight - since March 4.

Heather Fann, who represents gay couples seeking to get married, welcomed Granade's ruling.

"I think she's just holding firm to her position that the same-sex marriage ban is unconstitutional," she said. "There's really been no change."

As long as Davis does not issue licenses to heterosexual couples but not gay couples, he will remain in compliance with the judge's order, Fann said.

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