The Supreme Court of Alabama has ordered the state 's probate judges to stop issuing marriage licenses to gay couples in the latest development in a fierce battle over the power of federal law . In its ruling on Tuesday evening , the all-Republican court said a previous federal ruling stating that banning same-sex marriage violates the US Constitution does not prevent it from following state law . In Alabama , marriage has been legally defined as the union of only one man and one woman for two centuries , it said , siding with an argument recently offered by a pair of conservative organizations . 'Alabama probate judges have a ministerial duty not to issue any marriage license contrary to this law . Nothing in the United States Constitution alters or overrides this duty ' , the court added . Ruling : The Supreme Court of Alabama ( pictured ) has ordered the state 's probate judges to stop issuing marriage licenses to gay couples in the latest development in a fierce battle over the power of federal law . The state 's probate judges now have five days to file a letter stating why they should not have to adhere to the court 's decision , according to ABC . Six justices concurred in Tuesday 's 134-page opinion , which was not signed . However , the court 's most outspoken opponent of gay marriage , Chief Justice Roy Moore , recused himself . Last month , two conservative groups appealed a decision by District Judge Callie Granade of Mobile , who ruled that Alabama 's constitutional and statutory bans on gay marriage were unconstitutional . Immediately after Granade 's ruling , Moore told probate judges across the state they were not obliged to issue same-sex marriage licenses . His stance created widespread confusion among judges . Awaiting a license : In its ruling on Tuesday evening , the court said a previous federal ruling stating that banning gay marriage violates the US Constitution does not prevent it from following state law . Above , Shante Wolfe , left , and Tori Sisson , right , wait for their marriage license to be processed in Montgomery , Ala. , last month . Protesters : In Alabama , marriage has been legally defined as the union of only one man and one woman for two centuries , the court said . Above , people rally against same-sex marriage in Montgomery on February 21 . Some refused to issue the licenses to engaged same-sex couples , while others shut down their operations for all couples , gay and straight , until they could get a clear answer . Justice Jim Main agreed with the result but said he has concerns about procedural aspects 'of this highly unusual case ' . In a dissent , Justice Greg Shaw said it was 'unfortunate ' that federal courts refused to delay gay marriage in the state until the US Supreme Court could settle the issue nationally . But , Shaw said , the state Supreme Court does not have the power to consider the issue . The court released the decision while Gov . Robert Bentley and most state leaders were assembled in Montgomery for the state of the state address . Differing opinions : Six justices concurred in Tuesday 's opinion , which was not signed . However , the court 's most outspoken opponent of gay marriage , Chief Justice Roy Moore ( left ) , recused himself . Right , Shannon Minter , legal director of the National Center for Lesbian Rights , said the court 's position was 'unfortunate ' Bentley 's spokesman said the administration was reviewing the decision and had no comment . Joe Godfrey , executive director of the Alabama Citizens Action Program , said he was 'very excited ' about the decision blocking judges from issuing marriage licenses to same-sex couples . 'We are concerned about the family and the danger that same-sex marriage will have . It will be a devastating blow to the family , which is already struggling , ' Godfrey said . He added the ruling will give 'some stability ' in Alabama until the Supreme Court rules later this year . However , lawyers representing same-sex couples seeking the right to marry in Alabama said the court showed 'callous disregard ' in its decision . It added that the court overstepped its bounds by declaring that Alabama 's ban on same-sex marriages is constitutional , something the justices had not been asked to consider . 'It is deeply unfortunate that even as nationwide marriage equality is on the horizon , the Alabama Supreme Court is determined to be on the wrong side of history , ' said Shannon Minter , legal director of the National Center for Lesbian Rights . The court 's decision Tuesday came in response to a request from the Alabama Policy Institute and the Baptist-run Alabama Citizens Action Program to halt same-sex unions after Granade 's ruling . Gay marriage has been legalized in at least 36 US states , as well as the District of Columbia .
Court has told probate judges to stop issuing same-sex marriage licenses . Claims previous federal ruling does not prevent it from following state law . Federal justices ruled that banning gay marriage violates US Constitution . But court argues under Alabama law , marriage involves a man and woman . Six justices agreed in 134-page opinion on Tuesday , which was not signed . National Center for Lesbian Rights director described court 's position as 'unfortunate ' , adding 'it is determined to be on the wrong side of history '