If you’re looking for a quick answer: Yes, gay marriage is legal in Alabama. But honestly, getting to that "yes" was a total mess. If you live here or you’ve followed the news at all over the last decade, you know it wasn't just a simple court ruling and everyone moved on. It was a years-long standoff involving federal judges, the State Supreme Court, and probate judges who literally shut down their offices rather than hand out licenses.
It's weird. Even today, the way you get married in Alabama is different from almost every other state because of this specific fight.
The Current Legal Reality in Alabama
Right now, in 2026, same-sex couples have the exact same legal right to marry in Alabama as anyone else. This isn't just a "maybe" or a "local preference" thing. It’s the law of the land because of the 2015 U.S. Supreme Court decision in Obergefell v. Hodges.
When that ruling came down, it basically told every state, "You can't ban this anymore." Alabama didn't exactly throw a parade. For a while, things were incredibly confusing. You had federal judges saying "do it" and state officials saying "don't."
The 2019 "No License" Workaround
This is the part that trips people up. In 2019, the Alabama Legislature did something pretty radical. They realized that as long as probate judges were required to "issue licenses," some of those judges would keep refusing based on religious objections.
So, they just... got rid of marriage licenses. Entirely.
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Is gay marriage legal in Alabama without a license? Absolutely. In fact, no one gets a marriage license in Alabama anymore. Instead of asking a judge for permission (which is what a license is), you now just fill out a Marriage Certificate form, get it notarized, and file it with the probate court.
- You don't need a ceremony.
- You don't need an officiant.
- You just need a notary and a filing fee.
By removing the "gatekeeper" (the judge), the state effectively ended the standoff. Now, a probate judge's office is just a recording office, like where you'd file a deed for a house. They can't really say no to a piece of paper if it's filled out correctly.
A History of "Not Without a Fight"
You can't talk about Alabama’s marriage laws without mentioning the legal drama. Before the 2015 national ruling, Alabama was a patchwork of "yes" and "no" counties.
Back in early 2015, a federal judge named Callie Granade ruled that Alabama’s ban was unconstitutional. For a few weeks, couples were rushing to courthouses. I remember the news footage—people were literally standing in line at 7:00 AM because they weren't sure if the "window" would close.
And it did close. The Alabama Supreme Court, led by Roy Moore at the time, ordered probate judges to stop. It was a classic state vs. federal power struggle. For a few months, Alabama was in this bizarre legal limbo where you were legally married in the eyes of the U.S. government but maybe not in the eyes of Montgomery.
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What about the "Respect for Marriage Act"?
Fast forward to more recent years. After the U.S. Supreme Court overturned Roe v. Wade, a lot of people got nervous. Justice Clarence Thomas even suggested the court should reconsider cases like Obergefell.
Because of that, Congress passed the Respect for Marriage Act in late 2022. It’s a safety net. Even if the Supreme Court ever changed its mind, Alabama would still have to recognize same-sex marriages performed in other states. It doesn't force Alabama to perform them if Obergefell fell, but it ensures your marriage doesn't just vanish when you cross state lines.
How to Actually Get Married in Alabama Right Now
If you’re planning on tying the knot, forget the old-school "walk into the courthouse and get a license" routine. That’s gone.
- Download the Form: Go to the Alabama Department of Public Health (ADPH) website. They have a specific PDF. Make sure you get the latest version.
- Fill it Out: Both of you need to provide your info. Don't use white-out. If you mess up, print a new one.
- Find an Alabama Notary: Both parties must sign the form in front of a notary. It has to be an Alabama notary. You can't get this done in Florida and mail it in.
- File Within 30 Days: This is the big one. Once the last person signs that form, you have exactly 30 days to get it to a probate office. If you're on day 31, it’s trash.
- Pay the Fee: Every county charges a different amount, usually between $70 and $90.
The date the second person signs the form is your official anniversary. Whether you have a big party with a minister or just sign the paper over coffee at a UPS store, the state views it exactly the same way.
Common Misconceptions
I hear this all the time: "I heard some counties still won't do it."
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That’s old info. While it’s true that some probate judges stopped performing ceremonies, they cannot refuse to record the certificate. Since the law changed in 2019, the "refusal" issue basically evaporated. If a clerk tries to tell you they don't "do" same-sex marriages, they’re wrong. They aren't "doing" a marriage; they are recording a document.
Another one: "Is my out-of-state marriage valid here?"
Yes. If you got married in New York, California, or even overseas, Alabama recognizes that marriage for all state-level benefits—taxes, inheritance, medical decisions, the whole nine yards.
Actionable Steps for Couples
If you’re worried about the stability of your rights, there are things you can do beyond just having a marriage certificate.
- Update your Wills: Regardless of marriage status, having a solid will and power of attorney is smart in Alabama.
- Keep your recorded copy safe: Once the probate court records your certificate, they’ll send you a certified copy. Put that in a fireproof safe. You’ll need it for Social Security and insurance updates.
- Check your county’s specific filing method: Some counties let you mail the form in with a money order; others want you to come to the window. Call the probate office in the county where you plan to file.
The legal landscape has been a roller coaster, but for now, the path is clear. Just follow the paperwork, watch your deadlines, and make sure that notary stamp is legible.
To get started, visit the Alabama Department of Public Health website to download the "Alabama Marriage Certificate" form. Once you have that, find a local notary—most banks or shipping stores have one on staff—and ensure you have the filing fee ready for your local probate office. Filing can typically be done in person or by mail depending on the specific county's rules.