Maybe the Probate Judge in Montgomery *Doesn’t* Need to Issue SSM Licenses?

In response to my most recent post, Hashim Mooppan emails:

Actually, it does not bind Judge Davis to grant a same-sex marriage license (let alone “conduct same-sex marriages”).  All it does is enjoin him from enforcing the AL laws that prohibit, and fail to recognize, same-sex marriages.  Accordingly, Davis could comply with the injunction simply by refusing to grant any marriage licenses at all — even to opposite-sex couples.  And I believe he can lawfully do so under state law, since it is my understanding (albeit from hearsay) that AL probate judges are not obligated to grant marriage licenses — they merely have the authority to grant such licenses.

I’m not sure that’s the right reading of the judge’s order but it is certainly a plausible one.

We will see if there is more resistance in the face of this order.

UPDATE: The NYT reports that the judge has been issuing same sex marriage licenses. We will still have to see about other judges around the state.

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