Cain: Same-sex marriage licenses will be issued, but no ceremonies

The Morgan County Probate Office will begin Monday accepting marriage license requests from same sex couples, but they will have to look elsewhere to have their marriage vows solemnized.

“The way it stands now, we will be issuing marriage licenses on that date to qualified opposite-sex as well as same-sex couples as long as they meet the qualifications,” Morgan County Probate Judge Greg Cain said.

Some county probate judges are ending the practice of marriage ceremonies due to the ruling. However, Cain said his office stopped performing civil marriage ceremonies in June 2014 for other reasons.

“A heavier court docket and increased document filing workload made it impractical,” Cain said.

The issuance of marriage licenses to same sex couples stems from the Jan. 23 ruling by U.S. District Judge Callie V. “Ginny” Granade that struck down the Alabama Sanctity of Marriage Amendment.

A 14-day stay that was issued by Granade to allow the state to appeal the ruling will expire Mon., Feb. 9. That could change if Alabama Attorney General Luther Strange’s request to the U.S. Supreme Court for an extended stay. The 11th U.S. Circuit Court of Appeals has already denied an extended stay.

Cain said a new marriage license application form would be implemented with the change.

“I don’t know what it entails,” he said. “We’re supposed to receive it in the form of an electronic document in time to have hard copies available by Monday.”

Qualifications for a marriage license include both must be present; show official photo IDs to verify name, address and birthdate; and have been unmarried for at least six months. The license costs $48 and is valid for 30 days.

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