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Alabama Probate Judges Association: Ruling Striking Down Gay Marriage Ban Doesn’t Apply Statewide

Kyler Geoffroy January 25, 2015

Al

The Alabama Probate Judges Association has issued a statement saying District Judge Callie Granade's Friday ruling striking down the state's ban on gay marriage "does not open the door for the issuance of same sex marriage licenses" in the state, AL.com reports:

"Cari Searcy and Kim McKeand are the only plaintiffs in the case that was filed against Alabama Attorney General Luther Strange. The Alabama Probate Judges Association says that is a key point in the effect that this ruling has on the duties of probate judges."

Members of the association will hold a teleconference with reporters at 2 p.m. today to discuss the ramifications of the ruling.

Greg norris"Judge Granade's ruling in this case only applies to the parties in the case and has no effect on anybody that is not a named party. The probate judges were not parties in this matter," Al Agricola, attorney for the Alabama Probate Judges Association, stated in Saturday's press release. "The legal effect of this decision is to allow one person in one same sex marriage that was performed in another state to adopt their partner's child. There is nothing in the judge's order that requires probate judges in Alabama to issue marriage licenses to same sex couples."

Judge Greg Norris (right), president of the Alabama Probate Judges Association, said in the statement he hopes that misinterpretation of Friday's ruling will not cause confusion among the general public.

"As probate judges, our duty is to issue marriage licenses in accordance with Alabama law and that means we cannot legally issue marriage licenses to same sex couples," Norris said. "The recent federal ruling does not change that."

Probate Judges are elected in all 67 counties in Alabama and are statutorily given the responsibility of issuing and recording marriage licenses.​

Read the ful release from the Alabama Probate Judges Association AFTER THE JUMP…

Buzzfeed's Chris Geidner, meanwhile, offers up some context via Twitter:

When this happened in Florida, the federal judge in the case didn't take it kindly and basically threatened everyone to go along. It worked.

— Chris Geidner (@chrisgeidner) January 25, 2015

The Alabama Probate Judges Association is seeking to clear up some misconceptions regarding the effect that a federal court ruling will have on Alabama marriage law.

Many media outlets are reporting that the ruling, issued Friday by U.S. District Judge Ginny Granade, will allow same sex couples to receive marriage licenses in Alabama beginning Monday morning. The Alabama Probate Judges Association wants to ensure that all Alabamians are clear that Friday's ruling does not open the door for the issuance of same sex marriage licenses.

Cari Searcy and Kim McKeand are the only plaintiffs in the case that was filed against Alabama Attorney General Luther Strange. The Alabama Probate Judges Association says that is a key point in the effect that this ruling has on the duties of probate judges.

"Judge Granade's ruling in this case only applies to the parties in the case and has no effect on anybody that is not a named party. The probate judges were not parties in this matter," Al Agricola, attorney for the Alabama Probate Judges Association, explained. "The legal effect of this decision is to allow one person in one same sex marriage that was performed in another state to adopt their partner's child. There is nothing in the judge's order that requires probate judges inAlabama to issue marriage licenses to same sex couples."

Judge Greg Norris, President of the Alabama Probate Judges Association, hopes that misinterpretation of Friday's ruling will not cause confusion among the general public.

"As probate judges, our duty is to issue marriage licenses in accordance with Alabama law and that means we can not legally issue marriage licenses to same sex couples," Norris said. "The recent federal ruling does not change that."

Probate Judges are elected in all 67 counties in Alabama and are statutorily given the responsibility of issuing and recording marriage licenses.​

Topics: News More Posts About: Alabama, Alabama, gay marriage, News

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