Pike County officials haven't issued marriage licenses in months, and today Probate Judge Wes Allen announced that his office is now permanently out of the marriage business.
"My office discontinued issuing marriage licenses in February and I have no plans to put Pike County back into the marriage business," Allen wrote in a statement. "The policy of my office regarding marriage is no different today than it was yesterday."
Geneva County Probate Judge Fred Hamic also said he intends to permanently close the marriage license bureau in his office, if his attorneys don't object.
Both judges cited Alabama Code Section 30-1-9: "Marriage licenses may be issued by the judges of probate of the several counties."
The law says "may" instead of "shall", Hamic said, which makes a big difference. He said the law permits probate judges to opt of of isuing marriage licenses.
"This decision is not based on me being a homophobic, people can do whatever they want in private," Hamic said. "It is based strictly on my Christian beliefs."
Carl Tobias, professor at the University of Richmond School of Law, said he doesn't think courts will allow counties to opt of the marriage business. The Supreme Court's decision affirmed marriage as a fundamental right, he said. So denying marriage licenses to everyone does not follow the court's order.
"They would be basically defying a Supreme Court ruling, so I think they're going to have to do [same-sex marriage]," Tobias said.
Elmore County Probate Judge John Enslen, one of the staunchest opponents of same-sex marriage, was not available today for comment. Earlier this year, he said he would rather go to jail than perform a same-sex marriage, according to the Los Angeles Times.
Couples - both gay and straight - who want to get married in Colbert, Tuscaloosa, Washington and Henry Counties will have to wait a little while.
Some probate offices closed this morning to review the Supreme Court's decision to legalize same-sex marriage in Alabama and across the nation. Colbert County Probate Judge Daniel Rosser would not say when the office would reopen, or whether it would ultimately issue licenses to same-sex couples.
Probate Judge W. Hardy McCollum in Tuscaloosa will wait 21 days to issue same-sex marriage licenses, according to WIAT.
In Henry County, the suspension is temporary, to make sure the office has the proper forms in place, said Probate Judge David Money. The marriage license office could reopen on Wednesday, and his staff will be issuing to all couples. Limestone County officials are also reviewing the Supreme Court's ruling, but intend to issue marriage licenses later today or on Monday, said Probate Judge Charles Woodruff.
The probate office in Shelby County is not yet issuing licenses to same-sex couples, and officials have not yet announced when that might begin. The Baldwin County probate office will issue marriage licenses to all couples starting on Monday at 10 a.m. Officials in Etowah County will be accepting applications for marriage licenses today, but will not issue any licenses until Monday, according to documents.
Other probate judges opposed to same-sex marriage have also said they are reviewing the ruling and wrestling with the decision.
Probate Judge Ryan Robertson of Cleburne County said he will stop performing marriages in his courthouse. He has not made any firm decision on whether he will issue marriage licenses.
"I still have three weeks to make a decision," Robertson said. "I will be praying on it. I sure don't want to hurt folks in my county who want to get married traditionally."
Probate Judge Jerry Pow of Bibb County said he will issue licenses to all couples, gay and straight, in light of the Supreme Court ruling. But he and his staff will no longer perform weddings in the courthouse.
Probate Judge Rocky Ridings in Marion County said that no one has applied for a marriage license today, and that he is consulting with attorneys about his options.
Probate Judge Barry Moore of Franklin County has said in the past that he wouldn't issue any licenses to same-sex couples, but this morning he said he is reviewing the ruling with legal counsel and has not made any decision on how to proceed.
"We're going to have our legal counsel review the opinion to make sure we are not in contempt of any laws," he said.
The Association of County Commissions of Alabama has advised probate judges to accept marriage license applications today, but hold off on issuing them until Monday. In light of the many twists and turns same-sex cases have taken in Alabama, probate judges should take a day to review the ruling, said executive director Sonny Brasfield.
"I very much anticipate that our advice on Monday will be to follow the decision of the highest court in the land," Brasfield said. "We'd rather take a day and be careful than clean up any mess that was made by moving too quickly."
This story will be updated with more information as it develops.