He’s trying it. From AL.com:
Chief Justice Roy Moore issued an order today saying that a ruling issued last March by the Alabama Supreme Court remains in effect and that probate judges “have a ministerial duty not to issue any marriage license contrary” to Alabama’s law and constitutional amendment banning same-sex marriage.
In a four-page administrative order, Moore said the conflict between the state court ruling and the U.S. Supreme Court ruling in June has caused “confusion and uncertainty” among probate judges.
Moore said he issued the order today in his role as administrative head of the state court system. He quoted a state law that says the chief justice is empowered to “take affirmative and appropriate action to correct or alleviate any condition or situation adversely affecting the administration of justice within the state.”
Moore wrote that since the U.S. Supreme Court ruling that many Alabama probate judges are issuing marriage licenses to same-sex couples, while others are issuing licenses only to opposite-sex couples or not issuing licenses at all.
The Southern Poverty Law Center in Birmingham filed an ethics complaint against Moore back in January 2015. The complaint remains pending in court.
Read the order.
RELATED: Meanwhile, Moore’s son, Caleb Moore, pled not guilty on 21 December to two counts of possession of alprazolam and marijuana.