Judge ends courthouse weddings after same-sex ruling
MONTGOMERY, Ala. — Jennifer Stephens prepared for her big day Friday — becoming Jennifer Irwin after exchanging wedding vows with her fiance, Ben.
But Jennifer and Ben Irwin were unaware that their day was even bigger for historic reasons. Their marriage ceremony, performed shortly after 2 p.m., was one of the last to be held at the Elmore County Courthouse.
"We found out when we walked in," said Jennifer Irwin. "We were very surprised."
Elmore County Probate Judge John Enslen sent out a notice Thursday advising the public that after 4 p.m. Friday the probate office would no longer perform marriage ceremonies at the courthouse. The decision followed U.S. District Judge Ginny Granade overturning the state's law banning same-sex marriage.
Enslen said the probate office is legally bound to issue marriage licenses, and he will continue to do so for all couples. But performing marriage ceremonies is optional, and as he emphasized Friday he is taking the option to no longer perform the ceremonies.
"I take it that I'm not going to be able to pick and choose which marriages that I want to do. I would be subjecting myself, I think, to a lawsuit," he said. "So it's either all in or all out and I'm choosing to be all out so I don't have to be partially in."
Enslen also further emphasized his stance on same-sex marriage with a statement on Friday.
"I will never perform a so-called same-sex marriage. A federal court can put me in jail for life, and I will still never perform a so-called same-sex marriage," Enslen stated. "I hear people saying that I need to be on the right side of history. My reply to that is this: In the end, God is always on the right side of history. It was Sodom and Gomorrah that were on the wrong side of history."
Friday was also the last day for marriage ceremonies at the Autauga County Probate Judge's Office. The decision to end the ceremonies was more work flow related than due to the court decision on same sex marriage, said Probate Judge Al Booth.
"We had talked about ending the ceremonies weeks ago," he said. "So we had made our decision before the court ruling was handed down. As a point of law the probate office will continue to issue marriage licenses, but we will no longer perform ceremonies."
In Montgomery County, Probate Judge Steven Reed said marriage ceremonies will continue for all couples.
"I will not stop that process," Reed said.
News of probate judges' offices getting out of the marriage ceremony business has been the grist for conversation at the coffee shops and eating spots in Prattville.
"This is still Alabama, and marriage should be between one man and one woman," said Kevin Nelson. "If the probate judges feel like they can no longer perform marriage ceremonies then that's their right."
Even the couples getting married in Elmore County were divided on the issue.
Jennifer Irwin wanted to get married in the Elmore County Courthouse because it was "beautiful" and she "loved the architecture." After hearing why the marriage ceremonies would stop, she said that Enslen has a right to stick to his beliefs even though she disagrees with him.
"I believe anyone who is in love with each other should be able to get married," Jennifer Irwin said.
Contributing: Marty Roney of The Montgomery Advertiser