Alabama Chief Justice Roy Moore is still at it. He has issued an order to probate judges NOT to issue marriage licenses to same-sex couples tomorrow morning (as was planned). He claims to have authority to issue such an order. This appears to be his last desperate attempt to stop marriage equality in Alabama. We'll see if it works or not ... my guess is that it won't work.
From JMG (and, Huntsville's NBC Affiliate):
Late Sunday night, Alabama Chief Justice Roy Moore issued an order in which he instructs state probate judges to neither issue nor recognize a marriage license for same-sex couples. The order states, "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." It continues to say that if any probate judge fails to follow the state constitution, "it would be the responsibility of the Chief Executive Officer of the State of Alabama, Governor Robert Bentley... to ensure the execution of the law." WAFF has a crew working to uncover more details and is in contact with experts to determine what impact this order may have for couples preparing to wed Monday morning.
You can read the order
here.
Here is a statement from NCLR:
Statement from HRC:
Late this evening, in clear violation of all codes of legal ethics, boundaries of jurisdiction, and moral decency, Chief Justice of the Alabama Supreme Court Roy Moore issued an order commanding all probate judges in the state to refuse to issue marriage licenses to committed and loving same-sex couples tomorrow.
Moore’s edict comes as a temporary stay on a federal court ruling striking down the state’s ban on marriage equality is set to expire. Under federal law, the expiration of this stay should compel every public servant tasked with issuing civil marriage licenses to extend that service to loving same-sex couples starting tomorrow. The initial ruling, handed down by a federal district court judge appointed by President George W. Bush, found the state’s marriage ban violated the 14th Amendment of the U.S. constitution.
“This is a pathetic, last-ditch attempt at judicial fiat by an Alabama Supreme Court justice—a man who should respect the rule of law rather than advance his personal beliefs,” said HRC Legal Director Sarah Warbelow. “Absent further action by the U.S. Supreme Court, the federal ruling striking down Alabama’s marriage ban ought to be fully enforced, and couples that have been waiting decades to access equal marriage under the law should not have to wait a single day longer. All probate judges should issue licenses tomorrow morning, and Chief Justice Roy Moore ought to be sanctioned.”