Chief Justice Roy Moore issued an order Wednesday saying that a ruling issued last March by the Alabama Supreme Court remains in effect and that probate judges “have a ministerial duty not to issue any marriage license contrary” to Alabama’s law and constitutional amendment banning same-sex marriage.
In a four-page administrative order, Moore said the conflict between the state court ruling and the U.S. Supreme Court ruling in June has caused “confusion and uncertainty” among probate judges.
Moore said he issued the in his role as administrative head of the state court system. He quoted a state law that says the chief justice is empowered to “take affirmative and appropriate action to correct or alleviate any condition or situation adversely affecting the administration of justice within the state.”
Moore wrote that since the U.S. Supreme Court ruling that many Alabama probate judges are issuing marriage licenses to same-sex couples, while others are issuing licenses only to opposite-sex couples or not issuing licenses at all.
Moore said that this disparity affects the administration of justice in this state.
In Cherokee County marriage licenses are still being issued, however no ceremonies will be performed by the Probate Judge.