Alabama probate judges confused over license for gay marriage

JACKSON COUNTY, Alabama(WDEF) – A U-S District Judge who was appointed by President George W. Bush ordered Mobile County Alabama judges to issue marriage licenses to gay couples.

Thursday’s ruling comes after confusion from last week’s decision that said the ban on same sex marriage in Alabama was unconstitutional.

Within the WDEF viewing area, two jurisdictions are split over whether or not to issue marriage licenses to same-sex couples.

Jackson County Probate Judge, Victor Manning told WDEF he’s stuck between a rock and hard place

"We’re bound to uphold the law and that’s what we want to do. But right now, I’m not sure what law we’re suppose to uphold. There’s not a lot of guidance and I think that’s why you see so much confusion," Manning said.

The confusion is over whether Alabama probate judges can legally issue marriage licenses to homosexual couples after a federal judge ruled that a ban on gay marriage is unconstitutional.

"Basically when you get sworn in to office, you swear to uphold the laws and the constitution of the Unites States and the constitution of the state of Alabama. So now you have a federal judge that says the constitution of the Unite States is in direct conflict with the constitution of the state of Alabama. I swore to uphold both of them and it’s difficult," Manning said.

Jackson County has decided it will issue licenses to same-sex couples. That was great news to Brody Lee. Lee is openly gay and said he would like to someday get married in Alabama.

"I figure that we we would be one of the last places to get it. So just the fact that they’re remotely considering it; and that it’s up in the air, I think is good," Lee said.

But in neighboring Dekalb County, the situation is different.

Probate Judge Ronnie Osborne did not want to comment but employees within his office informed WDEF, they will not issue marriage licenses to gay couples.