Now, some judges who oppose same-sex marriage are using the long-forgotten amendment to get out of the marriage business altogether rather than risk issuing even one wedding license to gays or lesbians. In at least nine of Alabama's 67 counties, judges have quit issuing any marriage licenses since the U.S. Supreme Court legalized same-sex unions in June. While the precise reason that lawmakers gave for making the 1961 change has been lost to time, the 54-year-old provision says probate courts "may" issue rather than "shall" issue wedding licenses.
Nick Williams, a Baptist minister who also serves as probate judge in Washington County, is among those who have left the marriage license business. He says issuing a license for a same-sex union would violate his Christian beliefs. "It is a religious freedom issue, but more than that I believe it is a constitutional issue," said Williams, who last month cited the arrest of Kentucky county clerk Kim Davis in asking the Alabama Supreme Court to declare that officials don't have to allow same-sex marriage if doing so violates their religious beliefs. Like Davis, Williams said he would go to jail before he would approve a marriage license for a gay or lesbian.
Judges in three adjoining counties stopped issuing licenses for similar reasons, creating a region in southwestern Alabama where marriage licenses aren't available for 78,000 people. As a result, Bo Keahey and fiance Hannah Detlefsen will have to spend nearly two hours on the road traveling to and from Monroe County before their November wedding because their native Clarke County has quit issuing licenses. "I pay taxes here and it's kind of ridiculous that I can't get a license here," said Keahey, an attorney. Others have encountered similar problems. Daniel Hopkins and Whitley Jones drove 40 miles from their home in Mobile County to buy a marriage license at Williams' office before finding out Washington County no longer issued them. Frustrated after the refusal, the two had to get back in the car for a 62-mile drive to the probate office in Mobile, which is issuing licenses under order of a federal judge. The drive might not be needed without that 1961 law.
Alabama judges use segregation-era law to avoid gay marriage