By Scott Buttram
MONTGOMERY — Saying it wanted to clear up any misconceptions in the media, the Alabama Probate Judges Association issued at statement Saturday regarding the effect that a federal court ruling will have in Alabama.
Citing the ruling issued Friday by U.S. District Judge Ginny Granade and some media reports that same sex couples will be able to receive marriage licenses Monday, the APJA “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,” according to the statement.
“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, said in the 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, president of the Alabama Probate Judges Association, hopes that misinterpretation of Friday’s ruling will not cause confusion among the general public, the statement said.
“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.?