ALABAMA: Federal Judge Won't Lift Ruling Ordering Mobile County To Issue Licenses

AL.com reports:

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.

See the motion denial here. It's unknown what will happen today in Mobile County.

ALABAMA: Mobile County Probate Judge Stops Issuing All Marriage Licenses

Via the Associated Press:

The probate court in one of Alabama’s biggest counties says it won’t issue any marriage licenses at all after the Alabama Supreme Court disagreed with a federal court and upheld the state’s ban on same-sex marriage. Mobile County’s probate court posted a notice on its website Wednesday saying it is halting all marriages while it reviews the decision. The announcement doesn’t say how long that review might take. And it’s still unknown what probate judges in Alabama’s 66 other counties will do. A federal judge had previously ordered Mobile County’s probate judge to issue marriage licenses to same-sex couples.

And here we go again.

ALABAMA: More Counties Tumble

Yesterday's ruling in Mobile County is having the predicted effect and more than a dozen other counties have relented this morning.

UPDATE: Seven more counties.

ALABAMA: First Couple Marries In Mobile

ALABAMA: Judge Orders Mobile County To Begin Issuing Marriage Licenses

Via Reuters:

A federal judge on Thursday ordered an Alabama official to comply with her earlier ruling striking down the state's ban on same-sex matrimony by beginning to issue marriage licenses to gay couples. U.S. District Court Judge Callie Granade's order sought to clarify that Mobile County Probate Court Judge Don Davis should follow her directive, and not a contravening order from Alabama Supreme Court Justice Roy Moore that has led to many state judges to refrain from issuing marriage licenses to gay couples.

Read the ruling.

UPDATE: From the National Center for Lesbian Rights.

Today’s order followed a hearing in which four same-sex couples, who were unable to obtain marriage licenses in Mobile on Monday when marriage equality went into effect in the state, asked Judge Granade to instruct Judge Davis to begin issuing marriage licenses. The order requires Judge Davis to begin issuing licenses immediately.

The Alabama couples are James Strawser and John Humphrey, who previously obtained a ruling from Judge Granade declaring that Alabama’s exclusion of same-sex couples from marriage is unconstitutional, Meredith Miller and Anna Lisa Carmichael, Robert Povilat and Milton Persinger, and Kristy Simmons and Marshay Safford. The couples are represented by the National Center for Lesbian Rights (NCLR), the ACLU of Alabama, and Birmingham attorney Heather Fann, and the ACLU of Alabama.

Said NCLR Legal Director Shannon Minter: “Today’s ruling by Judge Granade provides clear direction to Judge Davis and other probate judges and will help ensure that all same-sex couples in Alabama, regardless of whether they live, have the freedom to marry.”

Added Randall Marshall, Legal Director of the ACLU of Alabama: “Judge Granade’s ruling confirms that the U.S. Constitution requires Alabama probate judges to issue marriage licenses to all qualified couples, gay and straight. We hope state and local officials will recognize that their first obligation is to comply with our federal Constitution and will move quickly to follow the court’s ruling so that all couples in Alabama will be able to share in the dignity and protection that marriage provides.”

ALABAMA: Mobile Hearing Is Underway

MSNBC is live-tweeting from the courthouse.

UPDATE: Well, that was quick.

ALABAMA: Judge Granade Sets Thursday Hearing For Mobile County Judge

From the National Center for Lesbian Rights:

Moments ago, United States District Judge Callie V. S. Granade granted the request of four Mobile County same-sex couples to add Mobile County Probate Judge Don Davis as a defendant in a lawsuit in which Judge Granade previously struck down Alabama’s marriage equality ban as violating the federal Constitution. Judge Granade scheduled a hearing for this Thursday, February 12, 2015, at 1:00 PM CT in the U.S. Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, Alabama 36602.

Late Monday, four same-sex couples who were denied marriage licenses in Mobile earlier in the day filed an emergency motion asking Judge Granade to instruct Davis to begin issuing marriage licenses to same-sex couples as Judge Granade previously ordered.

The Alabama couples are James Strawser and John Humphrey, who previously obtained a ruling from Judge Granade declaring that Alabama’s exclusion of same-sex couples from marriage is unconstitutional, Meredith Miller and Anna Lisa Carmichael, Robert Povilat and Milton Persinger, and Kristy Simmons and Marshay Safford. The couples are represented by the National Center for Lesbian Rights (NCLR), Birmingham attorney Heather Fann, and the ACLU of Alabama.

Read the complaint.

ALABAMA: Straight Couples Turned Away From License Office In Mobile County

(Via Good As You)

ALABAMA: Plaintiffs Sue Everybody

For violating their 14th Amendment rights. Sanctions demanded. BOOM.

ALABAMA: Federal Judge Denies Contempt Order Against Mobile County Judge

From the order:

Probate Judge Don Davis is not a party in this case and the Order of January 23, 2015, did not directly order Davis to do anything. Judge Davis’s obligation to follow the Constitution does not arise from this court’s Order. The Clarification Order noted that actions against Judge Davis or others who fail to follow the Constitution could be initiated by persons who are harmed by their failure to follow the law. However, no such action is before the Court at this time.

ALABAMA: Plaintiffs File Federal Contempt Motion Against Mobile County Judge

From the motion:

On this date, at 10:10 a.m. CST, Honorable Don Davis, Probate Court Judge in Mobile County, Alabama, had not opened the marriage license division of the Mobile County Probate Court. The Honorable Don Davis has not given a reason why the marriage license division is closed on this particular day, and he has not stated as to when the office will reopen. WHEREFORE, Plaintiffs pray this Honorable Court will immediately issue an Order declaring the Honorable Don Davis to be in contempt, to further order law enforcement to open the marriage license division of Mobile County Probate Court, impose sanctions against the Honorable Don Davis, and any such further legal remedies this Court deems appropriate and just, the premises considered.