Two answers:
(1)In Alabama, a "Probate Judge" is more of an administrative position than a judicial one. Most Alabama Probate Judges are not lawyers.
(2) The doubt came about because the federal judge said that Alabama has to permit same-sex marriages, and then the State's Chief Judge said that Probate Judges weren't required to comply, and then the plaintiff's lawyers threatened the Probate Judges who didn't comply. So the Probate Judge wanted a clear court order with his name on it.
Brenner et al. v. Scott was heard by the USDC for the Northern District of Florida. This is the case that Biondi asked the court to clarify ( http://www.myfloridalegal.com/newsrel.nsf/newsreleases/EB769D7C790901B785257DBE000F9C85 ) and which judge Hinkle “clarified” by bullying and bluffing saying his ruling while it only applies to the plaintiffs, clerks had better do it or they could be sued.
Stand up to the bullies and their bluffs. The law is not on their side. All they have is judicial fiat - diktat, and intimidation.