While some probate judges in Alabama have started issuing marriage licenses to same-sex couples, Dallas County is choosing to take a wait and see approach until further clarification is made on the issue.

Alabama Supreme Court Chief Justice Roy Moore issued a ruling Sunday night that ordered probate judges to refuse to issue marriage licenses to same-sex couples.

“From a religious and moral stand point I agree with him 100 percent,” said Dallas County Probate Judge Kim Ballard. “But from a legal standpoint, I’m not comfortable with that.”

A stay on a ruling that said Alabama’s ban on gay marriage was unconstitutional expired Monday, making Alabama the 37th state where gay marriage was made legal.

Probate judges in Montgomery and other counties have issued licenses, while others have not.

Ballard said his office is allowing same-sex couples to apply for a marriage license, but the applications are being placed on hold.

“I have instructed the staff to take the application and simply hold it in abeyance until we get clarification before the day is over,” Ballard said.

Ballard said depending on what clarification is made, he will decide whether or not to issue the licenses.

While Ballard does not personally believe in same-sex marriages, the probate judge will do what the law requires him to do.

“Federal law supersedes and overrules stare law, so I don’t see where we’ve got a whole lot of choice,” Ballard said.

While probate judges may have to issue licenses in the future, they are not bound by law to perform marriages. Judge Ballard adopted a policy last week of not performing marriages of any kind.

“It is certainly against my religious and moral beliefs to perform a same-sex marriage, but that’s not being judgmental,” Ballard said. “I’ve just got my own personal beliefs.”

According to Ballard, no same-sex couples applied for marriage licenses Monday morning in Dallas County.

Ballard said the best-case scenario to eliminate any confusion would have been to wait for the Supreme Court to make a ruling.

“They are taking a case in April, and they promised a ruling by late June, so it’s not long that whatever we do may be changed,” Ballard said.