Published On: Tue, Feb 10th, 2015

Alabama judge leads battle against Supreme Court over gay marriage

The Supreme Court on Monday morning effectively legalized same-sex marriage in Alabama, by rejecting Alabama’s request to delay a court order that found against the state’s same-sex marriage laws.

This decision made Alabama the 37th state to legalize gay marriage, sparked a new battle over state’s rights. Monday morning Alabama Chief Justice Roy Moore issued an order late Sunday night asking all probate judges to ignore any message from the Supreme Court.

Bert Ernie Support Gay Marriage cake photo“Effective immediately, no probate judge of the state of Alabama nor any agent or employee of any Alabama probate judge shall issue or recognize a marriage license that is inconsistent with Article 1, Section 36.03, of the Alabama Constitution or § 30-1-19, Ala. Code 1975,” his order said.

Moore’s order reflects his last-ditch attempt to argue that there are still several outstanding cases related to same-sex marriage that should be heard before the state gives up its law.

Some probate judges announced Monday morning that they would not issue marriage licenses to same-sex couples, although other judges said they would, and marriage licenses were being handed out in some areas of the state.

The Birmingham News reported several instances of probate judges who said they would not issue any orders, including one who said, “I don’t know whether I want to defy the Chief justice of the state Supreme Court or a federal judge.”

Just before 9 a.m., the Birmingham News reported a statement from Alabama Attorney General Luther Strange, who noted the confusion by advising people to “talk to their attorneys and associations about how to respond to the ruling.”

Supreme Court Justices Clarence Thomas and Antonin Scalia dissented from the Supreme Court’s 7-2 decision to reject Alabama’s request for a delay. “Today’s decision represents yet another example of this Court’s increasingly cavalier attitude toward the states,” they wrote.

Monday’s decision is just the latest in a series of decisions that have legalized gay marriage in several states across the country. In 2014, the Court decided against taking up cases from five states that wanted to appeal lower court rulings against their laws banning same-sex marriage. That decision allowed the lower rulings to stand, thus allowing same-sex marriage in those states and several others.

In January, the Supreme Court said it would hear four same-sex marriage cases from lower courts, involving Kentucky, Michigan, Ohio and Tennessee.

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About the Author

- Roxanne "Butter" Bracco began with the Dispatch as Pittsburgh Correspondent, but will be providing reports and insights from Washington DC, Maryland and the surrounding region. Contact Roxie aka "Butter" at [email protected] ATTN: Roxie or Butter Bracco

Displaying 3 Comments
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  1. Chris Cuomo tells Judge Roy Moore: ‘Rights do not come from God’ - The Global Dispatch says:

    […] Moore has been a vocal supporter of the state’s right to approve or disapprove of recognizing same-sex marriage, all of which came to a head with the Supreme Court – more here. […]

  2. » More Alabama counties allow gay marriage despite objection – seattlepi.com says:

    […] said Tuesday they'll begin issuing marriage licenses after receiving legal clarification.Alabama judge leads battle against Supreme Court over gay marriageThe Global Dispatchall 2,119 news […]

  3. Chris C says:

    I would point out that in the event that Justice Moore, in the brouhaha that resulted in his removal from the bench, not only advocated for the display of the Ten Commandments in public places, but defined the “Roman Catholic version” as “vile and hateful and the work of Satan.”

    (The original Biblical texts never used the term “Ten Commandments” and they were not numbered. Both the King James and Douay versions came up with ten, but numbered the contents slightly differently.)

    I would also point out that the “Biblical marriage” that Moore refers to allows a man to have three wives unless he is rich and then he can have as many as he wants. Those wives are property and are subject to canon chattel law

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