Tuscaloosa County issued its first marriage license to a same sex couple this morning. The historic moment was the result of a federal court order in Mobile County. Alabama has been in a legal whirlwind all week over when the State’s chief justice refused to enforce an earlier federal ruling that same sex marriages in the state are legal. Today’s legal change of heart in Tuscaloosa means joy for one couple and confusion for another.
“I was at work and I heard the news about the Mobile case…"
We met Meredith Bagley earlier this week…
“But I was frantically checking and posting and seeing what it meant up here. And frankly I got a text from someone we had met here at the Courthouse on Monday. And we started hearing from multiple sources were confirming that and it was awfully exciting…”
Her excitement was in contrast to Monday when Bagley and her spouse Alexandria Davenport were turned away from the Tuscaloosa County courthouse. Probate judge Hardy McCollum sided with Alabama Chief Justice Roy Moore and refused to issue marriages to same sex couples. Last night, everything seemed to change.
Friends and supporters met Bagley and Davenport in the hallway in front of office that issues marriage licenses. Making a quieter entrance was Angela Channel and Dawn Hicks. Channel says they’re here to get a license after thirty years together and raising three kids…
“They’re thirty one, twenty nine, and twenty eight. And they love their mamas. So, they want that opportunity to share our joy, and to have a great big party…”
Tuscaloosa County wouldn’t issue Channel and Hicks a marriage license on Monday. Hicks says they could have gone to one of the minority of counties that were issuing licenses, but chose not to…
“We did not want to go to another county. We wanted to be married in Tuscaloosa, we’ve lived here for thirty three years. This is where we raised our kids, and I’m actually from Vermont. We could have been married years ago, but we wanted to marry here in the state of Alabama, this means everything in the world to us.”
Channel and Hicks were at the head of the line when they were turned away on Monday, so Bagley and Davenport let them go first… Not everything went perfectly. Hicks and Channel had to enter information into a personal computer on the counter. The on-line form listed both parties as the groom… In the end, they received their license and were headed out the door. Bagley and Davenport were next… That’s where things didn’t go as expected. Bagley and Davenport had been married in Vermont. The clerks told them they couldn’t get a new marriage license if they were already married. The couple then asked if they could get their Vermont license recognized in Alabama. Bagley says the clerk said no…
“So, just to clarify, the couple in front of us…they currently hold more rights in the state of Alabama, than we do as a couple because it’s not recognized…
The discussion poured out in the hallway with Bagley and Davenport on one side and court clerk Myra Alexander on the other. Bagley says she doesn’t want to vilify the courthouse staff who are just doing their jobs, but their concern was what appeared to be a bigger issue…
“Many, many same sex couples in Alabama went and got married out of state to get that federal protection. Now, you’re going to have a huge chunk of people of our community who are going to be stuck that way. So, some solution has to be found by someone much smarter than me about the law.”
As heartrending as today’s situation appeared to be, the American Civil Liberties Union is offering a glimmer of hope.
“Rejecting their application is in fact recognizing their marriage…”
That’s Randall Marshall, the ALCU of Alabama’s legal director…
“If you’re lawfully married anywhere, then your marriage is valid here in Alabama. And that’s certainly one of the prongs of the order that Judge Granade issued, is that.”
That would seem to solve Bagley and Davenport’s problem, sort of. They wanted to renew their vows tomorrow on St. Valentine’s Day with an Alabama license in hand. They may venture to another county to get one…
