Alabama Chief Justice Orders Judges to Refuse Gay Marriage Licenses
On the eve of the first legal gay marriages in Alabama, the state's chief justice, Roy S. Moore, issued an order to the state's probate judges to not issue marriage licenses to same-sex couples. A federal judge struck down Alabama's ban on and constitutional amendment against gay marriage last month.
U.S. District Court Judge Callie V. S. Granade issued a stay on her rulings last month that the state's ban against gay marriage was unconstitutional, set to expire Sunday night. But after a petition to have the Supreme Court extend the stay went unanswered, Moore issued a six-page order to the state's probate judges urging them not to issue marriage licenses.
The judge argues that the federal court's ruling is not binding on state courts, and "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 (the Alabama Constitution)."
As the New York Times reports, judges appear to be complying with Moore's order:
Some judges across the state had already signaled they would do nothing to aid gay couples and, in some instances, any couples. "Marriage licenses and ceremonies are no longer available at the Pike County Probate Office," the office said.
And Washington County Probate Judge Nick Williams released a "declaration in support of marriage" in which he said he would "only issue marriage licenses and solemnize ceremonies consistent with Alabama law and the U.S. Constitution; namely, between one man and one woman only, so help me God."
Moore, then in the same position, is the judge who famously defied a federal order to remove a Ten Commandments statue from a Montgomery building before being removed from the post; he was re-elected as chief justice in 2012.
"I didn't start this," Chief Justice Moore told the New York Times last week. "This was a federal court case pushed on our state."
[Image via AP]