Mobile Co. Probate Court window still shut, attorneys speak out - WAFF-TV: News, Weather and Sports for Huntsville, AL

Mobile County Probate Court window still shut, attorneys speak out

David Kennedy and Christine Hernandez David Kennedy and Christine Hernandez
MOBILE, AL (WALA) -

Two attorneys for a same sex couple who sued for the right to marry and won spoke out against the Mobile County Probate Court not issuing marriage licenses to same-sex couples as of yet.

David Kennedy and Christine Hernandez said they were both disappointed so far that Probate Judge Don Davis has not opened the windows for marriage licenses so far in Mobile County. They are filing a motion for contempt against Judge Davis.

"It disappoints me greatly that Jefferson County was able to make this work, Madison County was able to make this work, Montgomery County has been able to make this work. But for some reason we aren't able to do it here at the same time everyone else is," said Kennedy.

He said he had been receiving photos of wedding ceremonies from across the state, but it's disappointing that the second biggest county in the state is way behind.

Hernandez said that as far as she knows, the probate court is ready to go. She said they had been told IT people were in the building over the weekend to prepare the computers. Hernandez also said they had been told Judge Davis was in meetings all morning with his council.

The fact that Judge Davis is not issuing a statement, is not opening the windows, has not issued any kind of indication when he will open the windows, speaks volumes as to whether he will comply with the federal court's order," she said.

Cari Searcy and Kim McKeand of Mobile were the same-sex couple that Kennedy and Hernandez represented in their lawsuit. On January 23, 2015, a judge ruled the state's gay marriage ban was unconstitutional. The couple said they hope this will resolve their nearly nine-year effort to get Searcy recognized as a legal parent of their son. Searcy's adoption petitions were previously denied because Alabama did not recognize their California marriage.

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