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Will Alabama Courts Issue Marriage Licenses To Gay Couples?

The road to Equality, Ala., an unincorporated community in Coosa County. Alabama is set to become the 37th state to legalize same-sex marriages Monday.
Tamika Moore AL.COM /Landov
The road to Equality, Ala., an unincorporated community in Coosa County. Alabama is set to become the 37th state to legalize same-sex marriages Monday.

Alabama is set to become the 37th state to recognize same-sex marriage Monday. But the state has asked for an extension of its ban, and its chief justice says probate courts don't have to follow federal rulings on the issue.

Voters in Alabama endorsed a ban on same-sex marriage back in 2006, when more than 80 percent voted in favor of the measure.

Questions over what might happen today are rooted in a federal judge's decision more than two weeks ago that overturned the state's ban. Within days, Alabama Chief Justice Roy Moore said the ruling "raised serious, legitimate concerns about the propriety of federal court jurisdiction over the Alabama Sanctity of Marriage Amendment."

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And late Sunday, Moore ordered probate courts not to issue marriage licenses to same-sex couples.

But the order from the controversial judge hasn't stopped same-sex couples and their supporters from planning for celebrations Monday. At least one couple — Tori Sisson and Shante Wolfe — told NPR's Debbie Elliott that they planned to pitch a tent outside the Montgomery County Courthouse Sunday night, so they would be first in line today.

From Birmingham member station WBHM, Rachel Lindley reports:

"The state's gay couples can apply for marriage licenses for the first time Monday. While there's no way to know exactly how many couples plan to get married, probate courts around Alabama are expecting crowds. "Last week, the Alabama Department of Health issued new marriage license forms. The old forms said 'bride' and 'groom,' but these new forms read 'first listed spouse' and 'second listed spouse.' "Alabama's Attorney General has asked the U.S. Supreme Court to extend a stay on the ruling overturning the ban. He said that he and the governor are going to continue to fight this in court. "There are a few probate judges who say they won't be issuing anyone marriage licenses in protest. Several others say they'll issue licenses to gay couples, but to avoid officiating any same-sex weddings, they'll no longer preside over any marriage ceremonies."

Of the ban being overturned, Alabama's only openly gay state legislator, state Rep. Patricia Todd (D-Birmingham) tells WBHM, "It's joyous. I'm not sure I can really wrap my head around it at this moment in time. It happened so quickly for us — and we all assumed it would be the Supreme Court who'd make that decision, then Alabama would have to comply. We're overjoyed."

Todd says a large turnout and party is scheduled for Birmingham's courthouse.

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The U.S. Supreme Court says it will rule on same-sex marriage later this year.

Copyright 2015 NPR. To see more, visit http://www.npr.org/.