Moore has asserted several times probate judges who issued marriage licenses to same-sex couples would be doing so in defiance of state law. In his order issued Sunday night, Moore wrote that if any probate judge defies the order, Governor Robert Bentley would have the responsibility of ensuring that state law is "faithfully executed." He has also said that the judges are not bound by the orders issued in that case, Searcy v. Strange. Instead, he said, probate judges fall under the direct supervision and authority of the chief justice. He contends that the district court that issued a ruling striking down the state's same-sex marriage ban has not issued an order directed to probate judges, who are not bound by the opinions of that court.It's unclear how Alabama's 67 probate judges will respond to this latest development.
It will be interesting to see how this will unfold today.