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Same-sex marriage in Alabama has been legal since June 26, 2015, in accordance with the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
's ruling in ''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection ...
''. Not all counties immediately complied with the ruling, copying behavior from the
civil rights era The civil rights movement was a nonviolent social and political movement and campaign from 1954 to 1968 in the United States to abolish legalized institutional racial segregation, discrimination, and disenfranchisement throughout the United S ...
when they had refused to perform
interracial marriage Interracial marriage is a marriage involving spouses who belong to different races or racialized ethnicities. In the past, such marriages were outlawed in the United States, Nazi Germany and apartheid-era South Africa as miscegenation. In 19 ...
s. A year after the Supreme Court ruling, only twelve counties would either issue licenses to no one or only to opposite-sex couples. By 2017, this number had dropped to only eight counties, with all eight refusing to issue licenses to anyone. In May 2019, the
Alabama Legislature The Alabama Legislature is the legislative branch of the state government of Alabama. It is a bicameral body composed of the House of Representatives and Senate. It is one of the few state legislatures in which members of both chambers serve ...
passed a bill replacing the option that counties issue marriage licenses and perform marriage ceremonies with the requirement of counties to record marriage certificates. Subsequently, all counties complied and announced on August 29, 2019 that they would record marriage certificates for interracial and same-sex couples. Previously,
Alabama (We dare defend our rights) , anthem = " Alabama" , image_map = Alabama in United States.svg , seat = Montgomery , LargestCity = Huntsville , LargestCounty = Baldwin County , LargestMetro = Greater Birmingham , area_total_km2 = 135,7 ...
had banned the licensing of same-sex marriages and the recognition of such marriages from other jurisdictions by
executive order In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of t ...
in 1996, by
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by l ...
in 1998, and by
constitutional amendment A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...
in June 2006. Before the Supreme Court's decision in ''Obergefell'' on June 26, 2015, which held that the
U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nationa ...
requires every
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sov ...
to recognize and license same-sex marriage, the legal status of same-sex marriage in Alabama had been the subject of a long legal battle. On January 23, 2015, Judge Callie V.S. Granade of the U.S. District Court for the Southern District of Alabama ruled in ''Searcy v. Strange'' that Alabama's refusal to license and recognize same-sex marriages was unconstitutional. She ordered the Attorney General,
Luther Strange Luther Johnson Strange III (born March 1, 1953) is an American lawyer and politician who served as a United States Senator from Alabama from 2017 to 2018. He was appointed to fill that position after it was vacated by Sen. Jeff Sessions upon Sess ...
, to stop enforcing the state's same-sex marriage bans. The Alabama Probate Judges Association issued a statement on January 24 that said "There is nothing in the judge's order n ''Searcy''that requires probate judges in Alabama to issue marriage licenses to same-sex couples". The order took effect on February 9, 2015, and 47 of the state's 67 counties began issuing marriage licenses to same-sex couples that day or shortly thereafter, despite an order from
Alabama Supreme Court The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of a chief justice and eight associate justices. Each justice is elected in partisan elections for staggered six-year terms. The Supreme Court is house ...
Chief Justice
Roy Moore Roy Stewart Moore (born February 11, 1947) is an American politician, lawyer, and jurist who served as the 27th and 31st chief justice of the Supreme Court of Alabama from 2001 to 2003 and again from 2013 to 2017, each time being removed fro ...
not to do so. The other counties either issued licenses only to opposite-sex couples or stopped issuing marriage licenses altogether. The
Eleventh Circuit Court of Appeals The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * ...
and the U.S. Supreme Court had declined state officials' requests for a
stay Stay may refer to: Places * Stay, Kentucky, an unincorporated community in the US Law * Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment * Stay of proceedings, a ruling halting further legal process in a tr ...
. On March 3, 2015, the Alabama Supreme Court, ruling in a different case, ordered the state's probate judges to stop issuing marriage licenses to same-sex couples, and they promptly complied, though a number of them refused to issue any marriage licenses at all. At least 545 same-sex couples married between February 9 and March 3, 2015. Advocates for same-sex marriage rights responded with renewed efforts in federal court, and on May 21, 2015, a federal court ruled that all probate judges were obliged not to refuse to issue marriage licenses on the basis of the applicants being of the same sex, but stayed its ruling pending action by the U.S. Supreme Court.


Restrictions


Executive order

On August 29, 1996, Governor
Fob James Forrest Hood "Fob" James Jr. (born September 15, 1934) is an American civil engineer, entrepreneur, football player, and politician. He served as the 48th governor of Alabama, first as a Democrat, 1979–1983, and secondly as a Republican, 199 ...
issued an
executive order In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of t ...
banning same-sex marriage and the recognition of same-sex marriages performed in other states or foreign countries. On April 9, 1998, the
Alabama State House The Alabama State House is a state government building in Montgomery, Alabama, United States. It houses several state agencies, most notably the Alabama Legislature, which comprises the Alabama Senate and the Alabama House of Representatives. H ...
voted 79–12 in favor of a bill banning same-sex marriage and the recognition of same-sex marriages performed in other states or foreign countries. On April 13, 1998, the
Alabama State Senate The Alabama State Senate is the upper house of the Alabama Legislature, the state legislature of the U.S. state of Alabama. The body is composed of 35 members representing an equal number of districts across the state, with each district conta ...
approved the bill in a 30–0 vote. Governor Fob James signed it into law. On March 8, 2006, the Alabama House voted 85–7 in favor of Amendment 774, a
constitutional amendment A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...
to the
Constitution of Alabama The Constitution of the State of Alabama is the basic governing document of the U.S. state of Alabama. It was adopted in 2022 and is Alabama's seventh constitution. History Alabama has had seven constitutions to date, all but the current one est ...
banning same-sex marriage and a " union replicating marriage of or between persons of the same sex" in the state. On March 11, 2006, the Alabama Senate approved the bill in a 30–0 vote, and on June 6, 2006, Alabama voters endorsed the amendment with 81% voting in favor.


Lawsuits


''Aaron-Brush v. Bentley''

A plaintiff couple filed suit on June 10, 2014 in the U.S. District Court for the Northern District of Alabama, seeking recognition of their out-of-state marriage. The due date for motions was set at July 31, 2015, to allow for action by the U.S. Supreme Court in other cases. Following the U.S. Supreme Court's decision in ''Obergefell'', the state filed a motion to dismiss the case. The court dismissed the case on October 13, 2015.


''Hard v. Strange''

On February 13, 2014, the
Southern Poverty Law Center The Southern Poverty Law Center (SPLC) is an American 501(c)(3) nonprofit legal advocacy organization specializing in civil rights and public interest litigation. Based in Montgomery, Alabama, it is known for its legal cases against white su ...
filed suit in the U.S. District Court for the Middle District of Alabama on behalf of Paul Hard, challenging the state's ban on same-sex marriage, both in its
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by l ...
s and Constitution. Hard and his late husband, David Fancher, Alabama natives, had married in Massachusetts on May 20, 2011. Fancher died in an accident on August 1. The suit, originally ''Hard v. Bentley'', named Governor Robert J. Bentley as the principal defendant, as well as several other government officials. Hard asked for a corrected
death certificate A death certificate is either a legal document issued by a medical practitioner which states when a person died, or a document issued by a government civil registration office, that declares the date, location and cause of a person's death, as ...
and recognition as Fancher's surviving spouse, entitled to a share of the proceeds of a wrongful death suit filed by the administrator of Fancher's estate. Fancher's mother, who opposed Hard's claims and was supported by the Foundation for Moral Law, asked the district court for a ruling on her motion for
summary judgement may refer to: * Abstract (summary), shortening a passage or a write-up without changing its meaning but by using different words and sentences * Epitome, a summary or miniature form * Abridgement, the act of reducing a written work into a sho ...
on February 5, 2015. On February 9, the
Alabama Department of Public Health The Alabama Department of Public Health is the primary state health agency of the government of the U.S. state of Alabama. It provides a number of public health services to Alabama residents. Chronically underfunded for decades, even by a healt ...
provided Hard a corrected death certificate. On March 10, the court removed Governor Bentley as a defendant and stayed proceedings pending action by the U.S. Supreme Court in same-sex marriage cases then scheduled for review. On July 1, 2015, Hard asked the court to lift its stay and release the wrongful death proceeds, citing the U.S. Supreme Court decision in ''Obergefell''. The district court did so on July 15. Pat Fancher appealed the court's ruling against her. On April 20, 2016, the
Eleventh Circuit Court of Appeals The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * ...
affirmed the decision of the district court and ruled for Hard.


''Searcy v. Strange''

Plaintiffs Cari Searcy and Kimberly McKeand filed a
lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
, originally ''Searcy v. Bentley'', on May 7, 2014, seeking recognition of their out-of-state marriage and
second-parent adoption The second-parent adoption or co-parent adoption is a process by which a partner, who is not biologically related to the child, can adopt their partner's biological or adoptive child without terminating the first legal parent's rights. This proce ...
for their minor son. In mid-June, attorneys for the couple filed a motion for summary judgment; the state defendants filed a motion to dismiss. On January 23, 2015, Judge Callie V.S. Granade of the U.S. District Court for the Southern District of Alabama ruled that Alabama's refusal to license and recognize same-sex marriages was unconstitutional. She ordered the
Attorney General of Alabama The Attorney General of Alabama is an elected, constitutional officer of the State of Alabama. The office of the Attorney General is located at the state capitol in Montgomery, Alabama. Henry Hitchcock was elected Alabama's first attorney genera ...
,
Luther Strange Luther Johnson Strange III (born March 1, 1953) is an American lawyer and politician who served as a United States Senator from Alabama from 2017 to 2018. He was appointed to fill that position after it was vacated by Sen. Jeff Sessions upon Sess ...
, to stop enforcing those bans. The plaintiffs' attorneys hoped the state would comply, though other LGBT rights advocates anticipated further litigation. Legislative leaders denounced the ruling of "a single unelected and unaccountable federal judge" or saw the ruling as evidence that "traditional values espoused by Alabamians have begun to erode even in our conservative state". Strange immediately asked for a
stay Stay may refer to: Places * Stay, Kentucky, an unincorporated community in the US Law * Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment * Stay of proceedings, a ruling halting further legal process in a tr ...
of her ruling. On January 25, the plaintiffs asked the court to clarify its order, describing the probate judges "like
George Wallace George Corley Wallace Jr. (August 25, 1919 – September 13, 1998) was an American politician who served as the 45th governor of Alabama for four terms. A member of the Democratic Party, he is best remembered for his staunch segregationist and ...
at the schoolhouse door staring defiantly upon this Court's order". They cited at length a 1970 ruling involving the same group of government officials that had ended enforcement of Alabama's anti-miscegenation statute, ''United States v. Brittain'', which extended a ruling from one
interracial couple Interracial marriage is a marriage involving spouses who belong to different races or racialized ethnicities. In the past, such marriages were outlawed in the United States, Nazi Germany and apartheid-era South Africa as miscegenation. In 19 ...
who sought a marriage license and "requir dthe Attorney General of the State of Alabama to advise the Judges of Probate of the several counties of Alabama" to cease enforcement of an invalid law. On January 25, Judge Granade stayed her ruling for 14 days to allow Strange to seek a longer stay from the Eleventh Circuit Court of Appeals. On January 26, Attorney General Strange filed a notice of
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
in the Eleventh Circuit, and asked for a stay of the district court's ruling pending appeal. Governor Bentley and the Probate Judges Association filed an '' amicus curiae'' in support of his request. On January 28, Judge Granade clarified her order, quoting at length from Judge Robert Lewis Hinkle's warning in the
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
case of '' Brenner v. Scott'' that those who fail to comply will bear the costs of additional suits that will produce the same result and, still quoting Hinkle: "There should be no debate ... on the question of whether a tate officialmay follow the ruling, even for marriage-license applicants who are not parties to this case."


''Strawser v. Strange''

On January 27, 2015, Judge Granade ruled in favor of a male couple seeking the right to marry in Alabama. She stayed her ruling temporarily, setting the stay to expire on February 9 with her stay in ''Searcy''. The couple, James N. Strawser and John E. Humphrey, had filed their suit in September 2014 without assistance of counsel after being denied a
marriage license A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictio ...
at the Mobile County Courthouse in July. At a half-hour hearing before Judge Granade on December 18, 2014, each of them testified and Strawser questioned their only other witness, Bishop David M. Carnrike, a minister of the United Gospel Holiness Church of America and presiding bishop of the Staff of Life Church Conference, who had married them on August 16. James W. Davis of the Attorney General's office cross-examined all three. On January 29, the
National Center for Lesbian Rights The National Center for Lesbian Rights (NCLR) is a non-profit, public interest law firm in the United States that advocates for equitable public policies affecting the lesbian, gay, bisexual, and transgender (LGBT) community, provides free legal ...
took on the plaintiffs' representation.


Reaction to ''Searcy'' and ''Strawser'' rulings

The Alabama Probate Judges Association issued a statement on January 24 that said "There is nothing in the judge's order n ''Searcy''that requires probate judges in Alabama to issue marriage licenses to same-sex couples." The next day, the editorial board of ''AL.com'' called on Governor Bentley and state legislators to end their opposition to same-sex marriage. On January 27, the Chief Justice of the
Alabama Supreme Court The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of a chief justice and eight associate justices. Each justice is elected in partisan elections for staggered six-year terms. The Supreme Court is house ...
,
Roy Moore Roy Stewart Moore (born February 11, 1947) is an American politician, lawyer, and jurist who served as the 27th and 31st chief justice of the Supreme Court of Alabama from 2001 to 2003 and again from 2013 to 2017, each time being removed fro ...
, released a letter addressed to Governor Bentley, in which he said that: He welcomed the recent letter from the Probate Judges Association and warned any judge who might issue a marriage license to a same-sex couple that "the issuance of such licenses would be in defiance of the laws and Constitution of Alabama." Saying that his court was not bound by U.S. district court rulings, he wrote to Governor Bentley: "Be advised that I stand with you to stop judicial tyranny and any unlawful opinions issue without constitutional authority." Bentley responded that: "The people of Alabama voted in a constitutional amendment to define marriage as being between man and woman. As Governor, I must uphold the Constitution. I am disappointed in Friday's ruling, and I will continue to oppose this ruling. The Federal Government must not infringe on the rights of states." Once Judge Granade clarified her order on January 28, the Probate Judges Association acknowledged that her order in ''Searcy'', if lifted, required counties to issue marriage licenses to same-sex couples and said it would encourage its members to comply. On February 5, the Alabama Department of Public Health provided the state's probate courts with a revised marriage license application form that replaced the terms "bride" and "groom" with "spouse" and "spouse". Moore sent an order to probate judges and state employees late on February 8, the day before Granade's order was set to take effect, threatening legal action by Governor Bentley against anyone who complied with her order. On February 3, the Eleventh Circuit rejected Strange's request to extend Judge Granade's stay and consolidated the appeals in ''Searcy'' and ''Strawser''. Strange immediately asked Justice
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1991 ...
, Circuit Judge for the Eleventh Circuit, to extend the stay. On February 4, the Eleventh Circuit suspended proceedings in the appeal pending action by the U.S. Supreme Court in same-sex marriage cases it had accepted for review.


Granade's orders take effect

Granade's orders in ''Searcy'' and ''Strawser'' took effect on February 9. Just as state offices were opening that morning, the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
declined the state's request for a stay, with Justices
Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectua ...
and Clarence Thomas dissenting. Nine counties issued marriage licenses to same-sex couples that day: Chilton, Coffee, Crenshaw, Etowah, Fayette, Jefferson, Lowndes, Madison and Montgomery. The first couple to marry were Tori Sisson and Shanté Wolfe in Montgomery. The ''Searcy'' plaintiffs re-filed the
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...
petition that had been the basis of their lawsuit on February 9 as well. That morning, Attorney General Strange issued a statement in response to the Supreme Court's action disclaiming responsibility for the issuance of marriage licenses and advising probate judges to consult their own legal counsel. That afternoon, Governor Bentley announced he agreed with Moore's statement and Thomas' dissent, but would take no action against any probate judge based on the issuance of marriage licenses to same-sex couples. Also that afternoon, the ''Searcy'' plaintiffs asked the district court to hold Don Davis, the
Mobile County Mobile County ( ) is located in the southwestern corner of the U.S. state of Alabama. It is the second most-populous county in the state after Jefferson County. As of the 2020 census, its population was 414,809. Its county seat is Mobile, w ...
Probate Judge, in
contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cou ...
for failing to open his marriage license division that day. The court denied that motion later that day because Davis was not a party to the ''Searcy'' lawsuit. U.S. Senator
Jeff Sessions Jefferson Beauregard Sessions III (born December 24, 1946) is an American politician and attorney who served as the 84th United States Attorney General from 2017 to 2018. A member of the Republican Party, he previously served as United State ...
commented on February 9: "I think it's an unhealthy trend that judges feel that they're somehow reflecting popular opinion when first of all, it's not popular opinion, and secondly, who are they to be ruling on cases based on how they feel."


Further proceedings in ''Strawser''

Ending the first day of legal same-sex marriage in Alabama, the ''Strawser'' plaintiffs, whose ''pro se'' suit had originally named only the Attorney General as defendant after they had been denied a marriage license in Mobile County, amended their suit to add Davis as a defendant and add three other same-sex couples seeking marriage licenses from Mobile County as plaintiffs. They also asked for a temporary
restraining order A restraining order or protective order, is an order used by a court to protect a person in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault. Restraining and personal protection o ...
or
injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in ...
preventing the defendants from enforcing Alabama's same-sex marriage ban and, for the first time in this case, sought
attorney's fee Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney (lawyer or law firm) for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Recent studies suggest that when l ...
s. The court added the new parties the next day and scheduled a hearing on the injunction for February 12. After the hearing, Granade issued an injunction against Davis, ordering the probate judge to issue marriage licenses to same-sex couples, and Mobile County began issuing marriage licenses to same-sex couples that afternoon. On February 16, Jefferson County Probate Judge Alan King, one of the four probate judges named in the Alabama Policy Institute lawsuit in state court, asked the district court to allow him to intervene as a defendant in ''Strawser''. He told the court that in that other suit the Alabama Policy Institute and the Alabama Citizens Action Program "acting in concert with and on behalf of the State of Alabama, are improperly attempting to seek further stay of this Court's prior Orders" from the Alabama Supreme Court. On February 17, the ''Strawser'' plaintiffs asked the district court to enforce its order by requiring Attorney General Strange to prevent the private parties' suit in the Alabama Supreme Court from proceeding, contending that Strange had the authority to have the suit dismissed and that the court's order extended through the Attorney General to such private parties who sought to frustrate the court's order. Judge King made a similar motion. In response, Strange argued that he lacked such authority over private parties, that the plaintiffs had already received the relief for which they brought suit in the first place, and that the court's order did not require any action on the part of probate judges not named as defendants in ''Strawser''. On February 20, Judge Granade denied King's request to intervene because he "does not seem to have an interest in the subject matter of this action". She also denied the plaintiffs' request that she order Strange to have the litigation initiated by private parties in the Alabama Supreme Court dismissed. She said the plaintiffs had not demonstrated they required further relief nor shown a link between the relief plaintiffs in this case had already received and the state court suit, whatever its outcome.


More proceedings in ''Strawser''

On March 6, Davis asked the federal court to stay its order in ''Strawser'', arguing that he had fulfilled its specific requirements by issuing licenses to the plaintiffs and that he could only comply with the Alabama Supreme Court's order if this court did add more plaintiff same-sex couples and require him to issue them marriage licenses. He noted that he had taken no public position on the underlying legal question of the constitutionality of Alabama's denial of marriage rights to same-sex couples and described his "unprecedented, historic and yet difficult position" when subject to conflicting orders from the federal and state courts. Judge Granade immediately asked the plaintiffs to reply to Davis' request by March 13. Later on March 6, just as Davis had anticipated, the ''Strawser'' plaintiffs asked Judge Granade to add plaintiffs and defendants to ''Strawser'' and to certify the suit as a class action. They named three more couples as plaintiffs "individually and on behalf of other similarly situated persons". Those couples had each been denied marriage licenses in two counties. They added Tim Russell, the Baldwin County Probate Judge, "as representative of a Defendant Class of similarly situated probate judges in the State of Alabama" along with Davis. As counsel for the plaintiffs, they said the National Center for Lesbian Rights was now joined by the Southern Poverty Law Center,
Americans United for Separation of Church and State Americans United for Separation of Church and State (Americans United or AU for short) is a 501(c)(3) nonprofit organization that advocates for the disassociation of religion and religious organizations from government. The separation of church ...
, and the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". ...
(ACLU). The court gave Judge Davis until March 17 to respond. On March 13, Madison County Circuit Judge Karen Hall granted a
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
to a lesbian couple who had married in Iowa in November 2012. They had requested the divorce on February 9 after having been denied a divorce by the same judge a year earlier. On March 16, Judge Granade denied Davis's request that she stay her order in ''Strawser'', and the next day gave him until March 23 to respond to the plaintiffs' request to add parties and certify the case as a class action. He responded that same day, and on March 18 Judge Granade accepted the additional parties to the suit. To Strange's objection that the lawsuit was too far advanced, she wrote that "the licenses btained by the plaintiffsare of little value if they are not recognized as valid in Alabama". On April 23, she denied the Attorney General's motion to dismiss. She found that Strange was an appropriate defendant in that he had defended the state's ban in court and, in a different case, said he "maintains enforcement authority" over their application by all levels of government in the state, and because the plaintiffs sought the rights of marriage, not just marriage licenses. On May 21, Judge Granade certified the case as a class action and ordered all probate judges and those who acted in concert with them to license same-sex marriages on an equal basis with different-sex marriages, notwithstanding any provision of the State Constitution or statutes, or any ruling of the Alabama Supreme Court. She suspended implementation of her injunction pending action by the U.S. Supreme Court.


Final injunction in ''Strawser''

On June 7, 2016, Judge Callie Granade issued a permanent injunction barring any state official from enforcing laws that fail to recognize same-sex couples' right to marry.


''Hedgepeth v. Davis''

Late on February 9, the attorneys in ''Searcy'' filed a new lawsuit, ''Hedgepeth v. Davis'', on behalf of eight couples denied marriage licenses in Mobile County on February 9. They named as defendants Davis and two of his staff, Governor Bentley, Attorney General Strange, and Chief Justice Moore. They sought an emergency injunction and sanctions. Davis asked the Alabama Supreme Court for further instruction in light of the U.S. Supreme Court's action and the contempt motion filed in ''Searcy'', which had already been dismissed, a request the court rejected on February 11, calling it a request for an
advisory opinion An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some coun ...
which the court is only authorized to give to the
Governor of Alabama A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political r ...
or the Alabama Legislature. The district court denied the ''Hedgepeth'' plaintiffs immediate relief for procedural reasons, but invited their attorneys to participate in the February 12 hearing in ''Strawser''. After Mobile County began issuing marriage licenses to same-sex couples, the plaintiffs agreed to remove county officials as defendants, leaving only Strange and Moore. On March 24, having obtained marriage licenses, they asked that their suit be dismissed.


''State v. King''

On February 11, 2015, two conservative groups, the Alabama Policy Institute and the Alabama Citizens Action Program, filed a lawsuit asking the Alabama Supreme Court to order the state's probate judges to deny marriage licenses to same-sex couples. The suit targeted all the state's probate judges, but identified only four of them by name. On February 13, Equality Alabama filed an ''amicus curiae'' asking the Alabama Supreme Court to dismiss the Alabama Policy Institute's lawsuit. It argued that the plaintiffs had not demonstrated a specific injury they had suffered and were seeking improperly to assume the role of state officials. The court gave the four named defendants until February 18 to file briefs, allowing the plaintiffs until 10 a.m. on February 23 to respond. One defendant, Judge Davis, argued that the lawsuit assumed no probate judge was subject to Granade's orders and could not apply to him now that he was a defendant in ''Strawser''. Judges Alan King and Tommy Ragland offered arguments much like those of Equality Alabama. On March 3, the court ruled in a 7 to 1 decision that the plaintiffs had
standing Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
and that Alabama's ban on same-sex marriage did not violate the
U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nationa ...
. It ordered all probate judges to conform to Alabama law and deny marriage licenses to same-sex couples. The court asked Judge Davis, since he was subject to Granade's orders, to explain by March 5 whether he was required to issue licenses to same-sex couples in addition to those he had already issued to the ''Strawser'' plaintiffs as required by the federal court. On that date, Davis asked the court for additional 10 days to respond. On March 11, the court rejected Davis' request for an extension and ordered him not to issue any additional marriage licenses to same-sex couples. Following the Alabama Supreme Court's order on March 3, Judge Davis kept Mobile County's marriage license bureau closed. On March 18, Montgomery County Probate Judge Steven Reed asked the court to amend its order so that it would become ineffective if the U.S. Supreme Court ruled that state bans on same-sex marriage were unconstitutional. The court denied his request on March 23 without comment.


''Searcy v. Davis''

On February 24, 2015, Cari Searcy asked the U.S. District Court for the Southern District of Alabama for an injunction against Don Davis who had issued an initial adoption decree as ordered in ''Searcy v. Strange'' but added language stating "that this Decree is qualified in nature, and the Court will not issue a final adoption order until a final ruling is issued in the United States Supreme Court on the Marriage Act cases before it." On March 24, she told the court that Davis had removed the language in question and asked the court to dismiss her suit. The court granted Searcy's motion to dismiss on March 26, 2015.


U.S. Supreme Court ruling

On June 26, the U.S. Supreme Court ruled in ''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection ...
'' that the denial of marriage rights to same-sex couples is unconstitutional under the
Due Process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...
and
Equal Protection The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
clauses of the Fourteenth Amendment. Attorney General Luther Strange wrote in a news release: "While I do not agree with the opinion of the majority of the justices in their decision, I acknowledge that the U.S. Supreme Court's ruling is now the law of the land." Some probate judges began issuing marriage license that day, including those in
Birmingham Birmingham ( ) is a city and metropolitan borough in the metropolitan county of West Midlands in England. It is the second-largest city in the United Kingdom with a population of 1.145 million in the city proper, 2.92 million in the West ...
and Mobile, while others denied licenses to same-sex couples or issued no licenses to anyone. On June 27, 2015, the ACLU asked the Alabama Probate Judges Association to instruct its members to comply with the ruling. By June 29, 2015, at least 32 of the state's 67 counties were issuing marriage licenses to same-sex couples, and at least 22 of the counties were either refusing to do so or were refusing to issue marriage licenses to anybody. Also on June 29, the Association of County Commissions, an organization that provides liability insurance to
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility ...
s, recommended that judges follow the ruling of the U.S. Supreme Court. After the release of the ''Obergefell'' decision, Justice Moore stated that the decision was subject to reconsideration for 25 days and until then not binding, while the Alabama Supreme Court was, within that time frame, asking for briefs with respect to its own order in the Alabama Policy Institute lawsuit that clerks not issue marriage licenses. He later issued a clarification: "In no way does the labama Supreme Court'sorder instruct probate judges of this State as to whether or not they should comply with the U.S. Supreme Court's ruling in ''Obergefell''". On July 1, the ''Strawser'' plaintiffs asked Judge Granade to clarify the status of her order, and the same day she did so, issuing an order that said her preliminary injunction was now in effect and applied to all the state's probate judges.


Counties issuing or refusing to issue licenses, February–March 2015

By February 18, 2015, 47 of Alabama's 67 counties had started issuing (or announced they would issue if asked) same-sex marriage licenses, as follows:New Marriage Equality Legal Threats a Deliberate Tactic to Create Chaos
/ref> ;Counties that issued same-sex marriage licenses :47 counties, 82% of residents (2 others had stopped by this date) : Autauga, Baldwin, Barbour, Blount,
Bullock Bullock may refer to: Animals * Bullock (in British English), a castrated male bovine animal of any age * Bullock (in North America), a young bull (an uncastrated male bovine animal) * Bullock (in Australia, India and New Zealand), an ox, an adu ...
,
Butler A butler is a person who works in a house serving and is a domestic worker in a large household. In great houses, the household is sometimes divided into departments with the butler in charge of the dining room, wine cellar, and pantry. Some al ...
,
Calhoun John C. Calhoun (1782–1850) was the 7th vice president of the United States. Calhoun can also refer to: Surname * Calhoun (surname) Inhabited places in the United States *Calhoun, Georgia * Calhoun, Illinois * Calhoun, Kansas * Calhoun, Kentuc ...
, Cherokee, Chilton, Coffee, Colbert, Conecuh, Coosa, Crenshaw, Cullman, Dale,
Dallas Dallas () is the third largest city in Texas and the largest city in the Dallas–Fort Worth metroplex, the fourth-largest metropolitan area in the United States at 7.5 million people. It is the largest city in and seat of Dallas County wi ...
, DeKalb, Etowah, Fayette,
Franklin Franklin may refer to: People * Franklin (given name) * Franklin (surname) * Franklin (class), a member of a historical English social class Places Australia * Franklin, Tasmania, a township * Division of Franklin, federal electoral d ...
,
Greene Greene may refer to: Places United States * Greene, Indiana, an unincorporated community * Greene, Iowa, a city * Greene, Maine, a town ** Greene (CDP), Maine, in the town of Greene * Greene (town), New York **Greene (village), New York, in the t ...
, Hale, Henry,
Jackson Jackson may refer to: People and fictional characters * Jackson (name), including a list of people and fictional characters with the surname or given name Places Australia * Jackson, Queensland, a town in the Maranoa Region * Jackson North, ...
, Jefferson, Lamar,
Lauderdale Lauderdale is the valley of the Leader Water (a tributary of the Tweed) in the Scottish Borders. It contains the town of Lauder, as well as Earlston. The valley is traversed from end to end by the A68 trunk road, which runs from Darlington to ...
, Lawrence,
Lee Lee may refer to: Name Given name * Lee (given name), a given name in English Surname * Chinese surnames romanized as Li or Lee: ** Li (surname 李) or Lee (Hanzi ), a common Chinese surname ** Li (surname 利) or Lee (Hanzi ), a Chinese ...
,
Limestone Limestone ( calcium carbonate ) is a type of carbonate sedimentary rock which is the main source of the material lime. It is composed mostly of the minerals calcite and aragonite, which are different crystal forms of . Limestone forms when ...
, Lowndes, Macon, Madison, Mobile, Monroe, Montgomery,
Morgan Morgan may refer to: People and fictional characters * Morgan (given name), including a list of people and fictional characters * Morgan le Fay, a powerful witch in Arthurian legend * Morgan (surname), a surname of Welsh origin * Morgan (singe ...
,
Perry Perry, also known as pear cider, is an alcoholic beverage made from fermented pears, traditionally the perry pear. It has been common for centuries in England, particularly in Gloucestershire, Herefordshire, and Worcestershire. It is also m ...
,
Russell Russell may refer to: People * Russell (given name) * Russell (surname) * Lady Russell (disambiguation) * Lord Russell (disambiguation) Places Australia * Russell, Australian Capital Territory * Russell Island, Queensland (disambiguation) ...
, St. Clair,
Sumter Sumter may refer to: People Given name * Sumter S. Arnim (1904–1990), American dentist * Sumter de Leon Lowry Jr. (1893–1985), United States Army general Surname * Rowendy Sumter (born 1988), Curaçaoan footballer * Shavonda E. Sumte ...
, Talladega, Tallapoosa,
Tuscaloosa Tuscaloosa ( ) is a city in and the seat of Tuscaloosa County in west-central Alabama, United States, on the Black Warrior River where the Gulf Coastal and Piedmont plains meet. Alabama's fifth-largest city, it had an estimated population of 10 ...
,
Wilcox Wilcox may refer to: Places ;Canada * Wilcox, Saskatchewan ;United States * Wilcox, Florida, an unincorporated community in Gilchrist County, Florida * Wilcox, Missouri * Wilcox, Nebraska * Wilcox, Pennsylvania * Wilcox, Washington * Wilcox, Wiscon ...
, Winston ;Counties that issued marriage licenses to opposite-sex couples only :11 counties, 10% of residents :
Chambers Chambers may refer to: Places Canada: *Chambers Township, Ontario United States: *Chambers County, Alabama *Chambers, Arizona, an unincorporated community in Apache County * Chambers, Nebraska * Chambers, West Virginia * Chambers Township, Holt ...
,
Clay Clay is a type of fine-grained natural soil material containing clay minerals (hydrous aluminium phyllosilicates, e.g. kaolin, Al2 Si2 O5( OH)4). Clays develop plasticity when wet, due to a molecular film of water surrounding the clay parti ...
(would not issue unless ordered to directly), Cleburne (would not issue unless ordered to directly), Covington, Elmore (issued, then stopped), Escambia (issued, then stopped), Marengo,
Marion Marion may refer to: People *Marion (given name) * Marion (surname) * Marion Silva Fernandes, Brazilian footballer known simply as "Marion" * Marion (singer), Filipino singer-songwriter and pianist Marion Aunor (born 1992) Places Antarctica * M ...
(scheduled, then changed mind), Pickens, Shelby (would not issue unless ordered to directly),
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
(awaited U.S. Supreme Court) ;Counties that had stopped issuing all marriage licenses: :9 counties, 8% of residents : Bibb (no decision could be made while judge out sick),
Choctaw The Choctaw (in the Choctaw language, Chahta) are a Native American people originally based in the Southeastern Woodlands, in what is now Alabama and Mississippi. Their Choctaw language is a Western Muskogean language. Today, Choctaw people are ...
, Clarke,
Geneva , neighboring_municipalities= Carouge, Chêne-Bougeries, Cologny, Lancy, Grand-Saconnex, Pregny-Chambésy, Vernier, Veyrier , website = https://www.geneve.ch/ Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ...
,
Houston Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 i ...
,No marriage licenses for Houston County until Supreme Court ruling
/ref>
Marshall Marshall may refer to: Places Australia * Marshall, Victoria, a suburb of Geelong, Victoria Canada * Marshall, Saskatchewan * The Marshall, a mountain in British Columbia Liberia * Marshall, Liberia Marshall Islands * Marshall Islands, a ...
(scheduled, then changed mind),
Pike Pike, Pikes or The Pike may refer to: Fish * Blue pike or blue walleye, an extinct color morph of the yellow walleye ''Sander vitreus'' * Ctenoluciidae, the "pike characins", some species of which are commonly known as pikes * ''Esox'', genus ...
, Randolph,
Walker Walker or The Walker may refer to: People *Walker (given name) * Walker (surname) * Walker (Brazilian footballer) (born 1982), Brazilian footballer Places In the United States * Walker, Arizona, in Yavapai County * Walker, Mono County, Californ ...
Some general reports indicated that Choctaw and Houston counties might be issuing licenses to opposite-sex couples only, but local reports in Houston were that it had instead stopped all licensing. Pickens had been scheduled to start issuing marriage licenses on February 16, but it was neither reported to have actually started issuing licenses, nor included among the counties (such as Marion and Marshall) that had similarly scheduled but reversed their decision.


Counties stop issuing marriage licenses to same-sex couples

On March 3, 2015, the Alabama Supreme Court ordered all probate judges in the state to stop issuing marriage licenses to same-sex couples in ''State v. King''. By the afternoon of the next day, all or nearly all counties stopped issuing such licenses. Autauga, Macon, Mobile, and Talladega stopped issuing licenses to all couples. Choctaw and Geneva, which had earlier issued no licenses, started issuing licenses to opposite-sex couples, while Bibb, Clarke, Houston, Marshall, Pike, Randolph, and Walker continued in not issuing licenses to any couples.


Developments after legalization

On January 6, 2016, Alabama Chief Justice
Roy Moore Roy Stewart Moore (born February 11, 1947) is an American politician, lawyer, and jurist who served as the 27th and 31st chief justice of the Supreme Court of Alabama from 2001 to 2003 and again from 2013 to 2017, each time being removed fro ...
again ordered Alabama's probate judges to stop issuing marriage licenses to same-sex couples. Moore said the ''Obergefell'' decision differed with earlier opinions from the Alabama Supreme Court, and that the court needed to clarify the situation. Moore added that the decision did not invalidate the state's constitutional amendment, and that the decision only invalidated the bans in the states which were parties in the case:
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a U.S. state, state in the Southeastern United States, Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to ...
,
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
,
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
and
Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to t ...
. However, only five probate courts were known to have followed Moore's order: Elmore, Madison, Marengo, Mobile and Walker. Three of those counties (Madison, Mobile and Walker) resumed issuing marriage licenses to same-sex couples a few days later. His statement had no effect and all Alabama counties continued either issuing marriage licenses to all couples or not issue licenses at all. In May 2016, Moore was charged with ethics charges by the Alabama Judicial Inquiry Commission for the order. On 30 September, Moore was found guilty and suspended for the remainder of his term. On March 4, 2016, the Alabama Supreme Court dismissed a case brought by the Alabama Policy Institute, the Alabama Citizens Action Program and Elmore County Probate Judge John Enslen, although in terms that left it unclear whether the court was acknowledging ''Obergefell'' as the law. The intended effect of the opinion was unclear; although it appeared to acknowledge the invalidity of Alabama judicial decisions post-''Obergefell'' that attempted to challenge that decision, it did not expressly acknowledge ''Obergefell'' as the law and instead argued that ''Obergefell'' was invalid.Randall C. Marshall, quoted in Kent Faulk
"Alabama Supreme Court dismisses petitions opposing gay marriage"
AL.com, March 4, 2016.
"All motions/petitions that were filed subsequent to the original mandamus order are dismissed, technically leaving in place the original decision. But that decision (according to Justice Shaw) is a dead letter in light of ''Obergefell'' and the ''Strawser'' injunction which binds all probate court judges in Alabama", noted the legal director for the ACLU. The founder of
Liberty Counsel Liberty Counsel is a 501(c)(3) tax-exempt religious liberty organization that engages in litigation related to evangelical Christian values. Liberty Counsel was founded in 1989 by its chairman Mathew Staver and its president Anita L. Staver, who ...
agreed that "The Judgement makes permanent the Alabama Supreme Court's order prohibiting probate judges from issuing marriage licenses to same-sex couples," adding that "The Alabama Supreme Court has rejected the illegitimate opinion of five lawyers on the U.S. Supreme Court." While the intended effects of this order were unclear, the court's judges issued a number of concurrences. Judge
Greg Shaw Greg Shaw (January 1949 – October 19, 2004) was an American writer, publisher, magazine editor, music historian and record executive. Biography Shaw was born in San Francisco, California. He began writing about rock and roll music as ...
's concurrence was cited as commenting that the Alabama Supreme Court was bound to abide by the judgments of the U.S. Supreme Court, and noting that judges that failed to recognize that should resign.


Final holdouts

As of October 2, 2015, at least eight counties were not issuing any marriage licenses, with no indication if or when they might resume: Autauga, Choctaw, Clarke, Cleburne, Covington, Geneva, Pike and Washington.Local government responses to Obergefell v. Hodges
/ref> Chambers and Bibb counties confirmed on August 21 and September 4 that they were not issuing any licenses. Elmore, Madison, Marengo, Mobile and Walker stopped issuing marriage licenses on January 6, 2016 following Roy Moore's order. However, Madison, Mobile and Walker began reissuing marriage licenses to all couples a few days later. Following Judge Granade's final injunction in ''Strawser v. Strange'' in June 2016, probate courts from both Clarke and Washington reiterated that they would not issue marriage licenses to either same-sex or different-sex couples. Chambers had begun issuing marriage licenses to all couples by June 26, 2016. A few days ahead of the first anniversary of the ''Obergefell'' decision, the ACLU found that 12 Alabama counties were still not issuing marriage licenses to same-sex couples. 11 of these counties issued no licenses at all, either to opposite-sex or to same-sex couples: Autauga, Bibb, Choctaw, Clarke, Cleburne, Covington, Elmore, Geneva, Marengo, Pike and Washington. Coosa County continued to deny marriage licenses specifically to same-sex couples, citing "technical difficulties" but admitting that it had no plans to remedy the situation. By October 2016, Bibb, Coosa and Marengo counties had begun issuing licenses to couples regardless of
gender Gender is the range of characteristics pertaining to femininity and masculinity and differentiating between them. Depending on the context, this may include sex-based social structures (i.e. gender roles) and gender identity. Most cultures us ...
, while the other nine counties continued to refuse to issue any licenses. At least six counties which were issuing marriage licenses nevertheless refused to preside over any marriage ceremonies. In June 2017,
Ballotpedia Ballotpedia is a nonprofit and nonpartisan online political encyclopedia that covers federal, state, and local politics, elections, and public policy in the United States. The website was founded in 2007. Ballotpedia is sponsored by the Lucy Burn ...
confirmed that Choctaw County had begun issuing marriage licenses to all couples. Throughout 2018, eight Alabama counties still refused to issue marriage licenses to anyone: Autauga, Clarke, Cleburne, Covington, Elmore, Geneva, Pike and Washington.Alabama sees hundreds of same-sex marriages each year, despite eight holdout counties
''Al.com'', October 16, 2018
The situation was unchanged as of May 2019. All 8 remaining counties began recording marriage certificates on August 29, 2019, following a change in state law removing the obligation that probate judges perform marriage ceremonies for couples.


Requiring counties to record marriage certificates

On September 16, 2015, the
Alabama House of Representatives The Alabama State House of Representatives is the lower house of the Alabama Legislature, the state legislature of state of Alabama. The House is composed of 105 members representing an equal number of districts, with each constituency contain ...
voted 53 to 36 in favor of a bill seeking to abolish state-issued marriage licenses. Supporters argued the bill would have protected probate judges who opposed issuing marriage licenses to same-sex couples. However, the bill failed as it needed a two-thirds majority. The
Alabama Senate The Alabama State Senate is the upper house of the Alabama Legislature, the state legislature of the U.S. state of Alabama. The body is composed of 35 members representing an equal number of districts across the state, with each district conta ...
had previously approved the legislation. On March 15, 2016, the Senate approved a similar bill in a 23–3 vote. The House
adjourned In parliamentary procedure, an adjournment ends a meeting. It could be done using a motion to adjourn. A time for another meeting could be set using the motion to fix the time to which to adjourn. This motion establishes an adjourned meeting. ...
without voting on the bill. A similar bill also failed in 2017. On January 16, 2018, the Alabama Senate approved another bill. It was passed 19–1, with Senator Phil Williams the sole senator to vote against it. The bill also died at the end of the legislative session, as the House had not taken any action on it. In May 2019, the
Alabama Legislature The Alabama Legislature is the legislative branch of the state government of Alabama. It is a bicameral body composed of the House of Representatives and Senate. It is one of the few state legislatures in which members of both chambers serve ...
passed a bill requiring probate judges to record marriage certificates for same-sex couples, but removing the obligation that they perform marriage ceremonies for them, in order to keep probate judges from violating their consciences by presiding over ceremonies of same-sex couples. The bill requires that every county record marriage certificates, replacing the previous wording that probate judges "may" issue marriage licenses. Under the new law, a couple seeking to marry is no longer required to file an application for a marriage license with the county probate court, and the courts will no longer issue marriage licenses. Once the marriage certificate is completed by both parties and delivered to the probate court for recording, the marriage will be declared valid. A wedding ceremony may be performed for the parties, but solemnization is no longer required for a recognized marriage in Alabama. Senator
Greg Albritton Greg Albritton (born March 18, 1952) is an American politician who has served in the Alabama Senate from the 22nd district since 2014. He previously served in the Alabama House of Representatives The Alabama State House of Representatives is ...
, who pushed for this new bill, said he saw this as a "necessary compromise" between the two sides of the issue. The bill was signed into law by Governor
Kay Ivey Kay Ellen Ivey (born October 15, 1944) is an American politician serving as the 54th and incumbent governor of Alabama since 2017. Originally a conservative Southern Democrat, Ivey became a member of the Republican Party in 2002. She was the 38t ...
. All counties in the state, including the final eight holdouts, began recording marriage certificates to all couples who meet the requirements to wed on August 29, 2019.


Demographics and marriage statistics

Data from the
2000 U.S. census The United States census of 2000, conducted by the Census Bureau, determined the resident population of the United States on April 1, 2000, to be 281,421,906, an increase of 13.2 percent over the 248,709,873 people enumerated during the 1990 cen ...
showed that 8,109 same-sex couples were living in Alabama. By 2005, this had increased to 8,602 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all counties of the state and constituted 0.8% of coupled households and 0.5% of all households in the state. Most couples lived in Jefferson, Mobile and Madison counties, but the counties with the highest percentage of same-sex couples were
Perry Perry, also known as pear cider, is an alcoholic beverage made from fermented pears, traditionally the perry pear. It has been common for centuries in England, particularly in Gloucestershire, Herefordshire, and Worcestershire. It is also m ...
(0.72% of all county households) and Hale (0.64%). Same-sex partners in Alabama were on average younger than opposite-sex partners, and more likely to be employed. However, the average and median household incomes of same-sex couples were lower than different-sex couples, and same-sex couples were also far less likely to own a home than opposite-sex partners. 25% of same-sex couples in Alabama were raising children under the age of 18, with an estimated 3,309 children living in households headed by same-sex couples in 2005. According to the Alabama Department of Public Health, at least 545 same-sex couples obtained marriage licenses and were married between February 9 and March 3, 2015. By the end of 2015, 1,622 same-sex marriages had taken place in Alabama, accounting for about 4% of all marriages performed in the state that year. 936 and 715 same-sex couples married in Alabama in 2016 and 2017, respectively, with most taking place in Jefferson, Montgomery, Madison, Mobile and Baldwin counties. 2018 estimates from the
United States Census Bureau The United States Census Bureau (USCB), officially the Bureau of the Census, is a principal agency of the U.S. Federal Statistical System, responsible for producing data about the American people and economy. The Census Bureau is part of the ...
showed that there were about 9,000 same-sex households in Alabama. The bureau estimated that 61% of same-sex couples in the state were married.


Public opinion


See also

* LGBT rights in Alabama * Status of same-sex marriage * Timeline of same-sex marriage in the United States


Notes


References


External links

*
''Searcy v. Strange''
U.S. District Court for the District of Southern Alabama, January 23, 2015
''Strawser v. Strange''
U.S. District Court for the District of Southern Alabama, January 27, 2015
''Strawser v. Strange''
U.S. District Court for the District of Southern Alabama: Transcript of Hearing, December 18, 2014
''State v. King''
Supreme Court of Alabama, March 3, 2015 {{DEFAULTSORT:Same-Sex Marriage In Alabama 2015 in LGBT history 2015 in Alabama LGBT in Alabama
Alabama (We dare defend our rights) , anthem = " Alabama" , image_map = Alabama in United States.svg , seat = Montgomery , LargestCity = Huntsville , LargestCounty = Baldwin County , LargestMetro = Greater Birmingham , area_total_km2 = 135,7 ...