Although under a federal court order to do so, some Alabama counties are still holding out on issuing marriage licenses to same-sex couples. That said, a large majority of the counties are issuing those licenses.
From AL.com
Yes, Alabama's probate judges have to issue marriage licenses to same-sex couples, a federal judge in Mobile clarified on Wednesday.
But at least six counties are holding out. Probate offices in Elmore County, Tuscaloosa County, and Escambia County are not issuing the same-sex marriage licenses. And, the probate offices in Randolph County, Colbert County, and Lauderdale County are not issuing any marriage licenses.
Explaining their actions, many of these probate office officials cited Alabama Supreme Court Chief Roy Moore's controversial claim that no probate judge has to issue a same-sex marriage license for 25 days during a rehearing period for the U.S. Supreme Court decision.
Additionally, the National Center for Lesbian Rights claims that Clay County, Marion County and Tallapoosa County are not issuing the licenses either, but probate officials in all three counties were unavailable for immediate comment.
My guess is that NCLR (the organization that filed the original lawsuit) will continue to try to get these counties to acquiesce and abide by the court order. Eventually, however, they will probably file suit if that doesn't work. The probate judges in these counties could then face contempt charges.
Update 1:
I was kind of surprised to see Tuscaloosa County in the list. But, they are issuing now.
Update 2:
The Fifth Circuit has issued its rulings in favor of marriage equality in Texas, Louisiana, and Mississippi and remanded back to the district courts for final judgment in the cases. And, the stay is lifted in Mississippi.
Update 3:
As I expected, Judge Reeves in Mississippi is on the ball.