In a hearing just a few hours ago, the ACLU presented its case on behalf of several couples who were denied marriage licenses in Alabama. Judge Callie Granrde, who had previously struck down Alabama's ban on same-sex marriage, was presiding. I followed a series of tweets that were posted by a few reporters in attendance. The hearing seemed to be straightforward. The ACLU attorneys presented their case that the probate judge, Don Davis, needed to issue licenses to gay couples. Attorneys for the government and the probate judges made their case opposing issuing licenses to LGBTQ couples. Judge Granade said that she would issue a ruling as soon as she was able, but did not announce what that ruling would be.
Just a few hours after the hearing, Granade ruled that judge Don Davis cannot withhold marriage licenses from LGBTQ couples.
Granade issued a written order stating that probate judges in Alabama may not deny marriage licenses "on the ground that Plaintiffs constitute same-sex couples or because it is prohibited by the Sanctity of Marriage Amendment and the Alabama Marriage Protection Act or by any other Alabama law or Order pertaining to same-sex marriage." In other words, the federal decision trumps the state laws.
Judge Granade essentially repudiated Judge Moore's statements that directed probate judges to not issue marriage licenses to same-sex couples.
I read the order and it doesn't seem clear to me if the probate judges can simply stop issuing licenses to all couples and thereby avoid obeying Granade's order.
This is a breaking story and doubtless there will be more developments shortly.
http://www.huffingtonpost.com/...
Judge Granade's order: The order is posted here: http://www.scribd.com/...
2:25 PM PT: From the NYT - Granade's ruling directed at Davis, but will send a signal to all probate judges that they need to comply and issue licenses to all. http://www.nytimes.com/...
UPDATE: Mobile is now issuing licenses to same-sex couples. Also, the Huffington Post link (above) has been updated with this (and other) information:
In her order, Granade said Davis may not deny marriage licenses "on the ground that Plaintiffs constitute same-sex couples or because it is prohibited by the Sanctity of Marriage Amendment and the Alabama Marriage Protection Act or by any other Alabama law or Order pertaining to same-sex marriage." In other words, the federal decision trumps the state laws.
Randall Marshall, legal director for the American Civil Liberties Union of Alabama, said Granade's ruling "confirms that the U.S. Constitution requires Alabama probate judges (apparently not just Davis, who was the probate judge involved in the hearing before Granade) to issue marriage licenses to all qualified couples, gay and straight."
"We hope state and local officials will recognize that their first obligation is to comply with our federal Constitution and will move quickly to follow the court’s ruling so that all couples in Alabama will be able to share in the dignity and protection that marriage provides," he added.
emphasis added
Fri Feb 13, 2015 at 2:33 PM PT: UPDATE: Equality Alabama reports tha 50 Alabama counties are now, or will be next week, issuing marriage licenses to LGBTQ counties. The few holdouts are all allied with Judge Moore.
UPDATE: Equality Alabama reports that 50 counties either have already begun issuing marriage licenses to LGBTQs (and straights-again) or will begin doing so next week. The only holdouts are a few counties who are allied with Judge Moore and his foundation.