Moore sent an order to probate judges and state employees late on February 8, the day before Granade's order was set to take effect, threatening legal action by the Governor against anyone who complied with her order.
Federal court orders in two cases took effect on February 9, 2015, and 47 of the state's 67 counties began issuing marriage licenses to same-sex couples that day or shortly thereafter, despite an order from Alabama Supreme Court Chief Judge Roy Moore not to do so. District Court had found the state's ban on same-sex marriage unconstitutional. On March 3, 2015, the Alabama Supreme Court, ruling in a different case, ordered the state's probate judges to stop issuing marriage licenses to same-sex couples, and they promptly complied, though a number of them refused to issue any marriage licenses at all.
The due date for motions was set at July 31, 2015, to allow for action by the U. Hard and his late husband, David Fancher, Alabama natives, wed in Massachusetts on May 20, 2011. Hard asked for a corrected death certificate and recognition as Fancher's surviving spouse, entitled to a share of the proceeds of a wrongful death suit filed by the administrator of Fancher's estate.
Fancher's mother, who opposed Hard's claims and was supported by Alabama Supreme Court Chief Justice Roy Moore's Foundation for Moral Law, asked the district court for a ruling on her motion for summary judgement on February 5, 2015.
On January 29, the National Center for Lesbian Rights took on the plaintiffs' representation.
The Alabama Probate Judges Association issued a statement on January 24 that said "There is nothing in the judge's order [in Searcy] that requires probate judges in Alabama to issue marriage licenses to same-sex couples".