Once some judge steps into a mess and orders a change of process where there is no law by state or federal process to agree with his outcome....he is making law. What they could have done is simply ordered Ala to stop issuing ALL licenses, period, until the state fixed its situation, and that would have been legal by the power of the court.
People may not like the probate judge ruling but this is something that should have been on the 2014 ballot or pushed upon the population by the state senate. By using the judge method....they’ve twisted this into a confusing mess.
Read the Declaration of Independence and think about it instead of pretending the system still works and squabbling over the "proper" approach is anything more than another excuse for doing nothing.