Today, Alabama Supreme Court Chief Justice Roy Moore issued an Administrative Order (full text) addressing what he described as the "confusion and uncertainty" that exists among Alabama probate judges. He says that "an elementary principle of federal jurisdiction [is that] a judgment only binds the parties to the case before the court," suggesting that technically Obergefell is not binding on Alabama judges. He went on:
As Administrative Head of the Unified Judicial System of Alabama, authorized and empowered pursuant to Section 12-2-30(b)(7), Ala. Code 1975, to "take affirmative and appropriate action to correct or alleviate any condition or situation adversely affecting the administration of justice within the state," and under Section 12-2-30(b)(8), Ala. Code 1975, to "take any such other, further or additional action as may be necessary for the orderly administration of justice within the state, whether or not enumerated in this section or elsewhere"...
IT IS ORDERED AND DIRECTED THAT: Until further decision by the Alabama Supreme Court, the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect.AL.com reports on today's order.