By Blake Deshazo

The Selma Times-Journal

Many probate judges in Alabama were confused Monday about issuing marriage licenses to same-sex couples.

While some chose to issue marriage licenses to same-sex couples, others chose not to until the issue was cleared up.

Out of 67 counties in Alabama, seven of them issued marriage licenses to same-sex couples. As of Tuesday afternoon, 19 of the 67 counties have started issuing them, according to The Associated Press.

Despite being personally opposed to same-sex marriage, Dallas County Probate Judge Kim Ballard said his office will issue licenses to all couples.

“If someone comes in and requests [a same-sex marriage license], we would have no legal choice but to issue it,” Ballard said.

Ballard put a hold on all marriage licenses Monday due to confusion after Chief Justice Roy Moore ordered probate judges in the state not to issue licenses to same-sex couples.

“One of the concerns that a lot of us had, myself included, was that we would be prosecuted by the state if we didn’t follow Judge Moore’s order,” Ballard said. “Gov. Bentley sent us all emails saying that the state and attorney general’s office would not prosecute any probate judge that disobeyed Judge Moore’s order.”

Ballard said clarification also came from the state’s Association of Probate Judges.

“We got clarification from the Probate Judges Association that Judge Moore’s order had no binding validity, and we were under a district federal judges order to issue marriage licenses to same-sex couples,” Ballard said.

Some of the confusion has been cleared up, Ballard said, but there are still issues that need to be addressed.

Ballard said there are questions concerning wording the new marriage license applications that were issued to Alabama’s probate judges.

“It says spouse one and spouse two,” Ballard said. “If you look in my dictionary, it says a spouse is someone that is married to someone. When you’re applying for a marriage license you’re not married to someone. You’re asking to be allowed to marry someone, so that is a technicality that I am still trying to get cleared up.”

The words bride and groom were removed from Alabama marriage licenses.

“We’re working through those issues, but it doesn’t change the fact we’re going to have to issue marriage license applications if we’re requested to same-sex couples,” Ballard said.

No requests for same-sex marriage licenses were made at the Dallas County Courthouse Monday or Tuesday as of lunchtime, according to Ballard.