By Blake Deshazo

The Selma Times-Journal

Probate judges around the state of Alabama prepared over the weekend for the possibility of giving out marriage licenses to same-sex couples when they opened for business Monday.

U.S. District Judge Callie V.S. Granade of Mobile ruled Friday that Alabama’s ban on same-sex marriage is unconstitutional. She declared the ban violates the 14th amendment, which gives equal protection of the laws to U.S. citizens.

Dallas County Probate Judge Kim Ballard said he received text messages from more than 50 of his counterparts across the state discussing the issue over the weekend.

“We were all saying what we were going to do Monday morning,” Ballard said.

Due to a 14-day stay that was issued late Sunday from the very same judge that ruled the ban unconstitutional, the 67 probate judges in the state didn’t have to decide Monday morning whether or not they would perform same-sex marriages.

“I don’t know of any probate judge that wants to issue, politically or personally, a marriage license to someone of the same-sex,” Ballard said. “I personally don’t want to perform same-sex marriages.”

While no inquiries were made at the Dallas County Courthouse for same-sex marriages Monday morning, Judge Ballard said the day will one-day come where a decision must be made.

“When the Supreme Court gets there, and it will eventually get there, if they rule that same-sex marriages are legal, I don’t think I’ll have any choice but to issue a license,” Ballard said.

Whatever the decision may be, Ballard believes in the end probate judges will have a say in whether they actually perform same-sex marriages.

“I think I will have a choice as to whether or not to perform a [same-sex] marriage,” Ballard said. “That’s optional. I can choose to do that or not to do that. But even in that case, I would have to choose not to do any marriages period.”

Ballard said if the ban is indeed ruled unconstitutional and same-sex marriages are allowed, then he will have to develop a blanket policy for all marriage requests.

“Currently, I do seven to eight marriages a week on a regular basis,” Ballard said. “I think if I stopped doing marriages and made a blanket policy, which is optional in my part, I would have to stop doing all marriages instead of just same-sex marriages.”

Judge Ballard said same-sex marriage isn’t something he is judging people over, but it is against what he believes.

“Everyone has got the right to do what they feel like is right,” Ballard said. “I’m not judging those people. If God made them, then God loves them. We don’t have to decide [to perform same-sex marriages] today, but we’re going to have to sooner or later.”

A notice was filed Monday by Attorney General Luther Strange’s office that the state would challenge Granade’s ruling on the ban. The 14-day stay is set to expire Monday, Feb. 9 unless it is extended.