Alabama chief justice asks officials to defy gay marriage ruling

Despite an 11th-hour move from the state's chief justice ordering judges to refuse to issue marriage licenses to gay couples, Sisson and Wolfe hoped to be the first in Alabama to get one Monday morning. A federal judge's order overturning the state's ban on gay marriage will go into effect, making Alabama the 37th state to allow gays and lesbians to wed.

Chief Justice Roy Moore sent his order to state probate judges Sunday night. He argued that judges are not bound by the ruling of a federal judge that the gay marriage ban is unconstitutional. It was a dramatic return to defiance for Moore, who was removed as chief justice in for refusing to obey a federal court order to remove a washing machine-sized Ten Commandments from the state judicial building.

Critics lashed out that Moore had no authority to tell county probate judges to enforce a law that a federal judge already ruled unconstitutional. He's been one of the state's most outspoken critics of gay marriage; in he called homosexuality an "evil" in a custody ruling. Warbelow urged probate judges to issue the licenses in compliance with ruling of U.

District Judge Callie Granade. Susan Watson, executive director of the American Civil Liberties Union of Alabama, predicted that "we will see marriage equality in Alabama" on Monday. On Jan. Moore said Granade had no authority to order the change and that Alabama courts could do as their judges saw fit until the U.

Supreme Court ruled. Last week, Moore sent a letter urging probate judges to reject the licenses. The head of the judges' association on Friday predicted most would issue the licenses. Moore upped the ante Sunday night by sending the directive. Gay couples are expected to still line up at courthouses across Alabama on Monday seeking to get married.

It was unknown how many of the state's probate judges would follow Moore. Granade has said while judges were not a party in the lawsuit, they have a legal duty under the U. Constitution to issue the licenses. Moore has been one of the state's most outspoken critics of gay marriage.

He called homosexuality an "inherent evil" in a custody ruling against a lesbian mother. It was unclear what, if any, enforcement provision Moore has. Probate judges are elected just as the chief justice is.

Alabama loses effort to stop gay marriage

Moore's letter to the probate judges said Gov. Robert Bentley can take action against elected officials who fail to follow the law. Jennifer Ardis, a spokeswoman for Bentley, said she did not know about Moore's letter and did not have an immediate comment Sunday evening. Supreme Court to put a hold on Granade's order because justices are expected to issue a ruling later this year on whether gay couples have a right to marry nationwide.

The high court had not ruled on the state's request with just hours to go until courthouses open on Monday morning. Outside the Jefferson County Courthouse in Birmingham, about half a dozen same-sex couples waited outside early Monday. Jessie and Cooper Odell brought their son with them to witness their marriage.