Forcing a government official to do their job
<p>In the wake of the United States Supreme Court <a href="https://en.wikipedia.org/wiki/Obergefell_v._Hodges">legalizing same-sex marriage</a>, a number of county clerks and other officials have announced their intent to refuse to issue licenses for such marriages.  What legal remedies are there in such a situation?</p>

<p>The details depend on the state, of course. The common law thing you are looking for is a writ of mandamus -- a court order to a public official to do something (or not do something) that they are required to do under the law. Writs of mandamus were traditionally only applicable to <em>ministerial</em> tasks (i.e. things that are basically paper-shuffling where there is little to no discretion); marriage licenses are typically considered ministerial. With discretionary actions, things are much more complicated because the government official is <em>supposed</em> to have significant ability to decide what should and shouldn't be allowed; mandamus doesn't apply unless there's a <em>right</em> to the action requested. In some cases, mandamus has been replaced with other forms of judicial review, but in Alabama it is definitely still mandamus that's involved (<a href="http://lawprofessors.typepad.com/civpro/2015/03/alabama-supreme-court-issues-writ-of-mandamus-enjoins-probate-judges-from-issuing-marriage-licenses-.html">source</a>: mandamus is what's previously been used to <em>stop</em> issuance of licenses).</p>

<p>For <em>federal</em> review, which is more likely to get somewhere, the approach to use is the exact same thing that led to <em>DeBoer</em> (the case bundled into <em>Obergefell</em> that was about granting licenses), and <em>Perry</em>, and many of the other gay marriage cases: a lawsuit seeking an injunction or declaratory relief under 42 USC 1983, which allows actions in law and equity whenever anyone denies civil rights to a US citizen (or someone in the jurisdiction of the US) under color of law.</p>

<p>The ultimate result of this kind of suit is a federal court order to issue a marriage license, or a declaration that it's illegal to not issue the license (and so anyone who doesn't will be subject to a court order). Violating this order, like any court order, is contempt of court. </p>

united-states