The same-sex marriage debate was supposed to be settled after the US Supreme Court struck down all same-sex marriage bans last June.
“This is not even all of it,” said James Strawser, as he showed us a stack of documents.
Yet, Strawser and John Humphrey have had to hang on to their paper work for their case to be decided.
“Considering wishes can only be followed through by a spouse how else was we supposed to get things done,” said Humphrey.
The couple sued to have their marriage recognized so that either spouse could make end of life decisions, or become the beneficiary of a will.
“Before, anyone could have stepped in and took whatever they wanted,” said Strawser.
And it wasn’t until this Tuesday, that Judge Callie Grenade at the Southern District Court in Mobile made a ruling. She issued a permanent injunction in the Strawser case that bars any state official from enforcing laws that fail to recognize same-sex marriage. Today News 5 checked, and nearby, both Washington and Clark County Probate Courts still refuse to issue any marriage license.
“When you start making Alabama probate judges issue marriage licenses that contradict their faith you drive Christians out of public office,” said Alabama Supreme Court Chief Justice Roy Moore said last July.
The courts are conflicted because Justice Moore ordered a halt to issuing same-sex licenses, although he’s been suspended for this stance.
“I have noticed that people are so scared about coming out and being who they want to be.”
Mobile and Baldwin County Probate Courts issue license to all couples but challenges could continue.