In a statement released Wednesday, APJA President Greg Norris, who is also a probate judge out of Monroe County, said, "It is the opinion of the Association, on the advice of legal counsel, that until the stay is lifted, probate judges cannot issue marriage licenses to same sex couples.
"However, on the occasion the stay is lifted, same sex couples may apply for marriage licenses," Norris continued, adding that the association has always and will always encourage its members to follow the law.
Forms that are required to be completed by those seeking marriage licenses may need to be modified to accommodate same-sex applicants, the statement advised.
Those forms are created and distributed by the Alabama Department of Public Health through the Office of Vital Statistics.
Norris says the Alabama Probate Judges Association has been in contact with the Department of Health to discuss potential changes to those forms.