The Supreme Court of the state of Alabama has just issued a ruling and order requiring probate judges to stop issuing marriage licenses to same-sex couples.
From BuzzFeed:
“Alabama law allows for ‘marriage’ between only one man and one woman,” the Alabama Supreme Court states.
The Alabama Supreme Court ordered probate judges throughout the state to temporarily stop issuing marriage licenses to same-sex couples.
The Tuesday night order — to which one justice of the state’s high court dissented — is the result of an emergency request brought to the court by two conservative nonprofit organizations and Elmore County Probate Judge John Enslen.
“Alabama law allows for ‘marriage’ between only one man and one woman,” the opinion states. “Alabama probate judges have a ministerial duty not to issue any marriage license contrary to this law. Nothing in the United States Constitution alters or overrides this duty.”
And, from
Equality On Trial:
Ultimately, the court ordered probate judges to stop issuing licenses to same-sex couples, and they added all probate judges to the petition to make sure they comply:
“The named respondents are ordered to discontinue the issuance of marriage licenses to same-sex couples. Further, and pursuant to relator Judge Enslen’s request that this Court, “by any and all lawful means available to it,” ensure compliance with Alabama law with respect to the issuance of marriage licenses, each of the probate judges in this State other than the named respondents and Judge Davis are joined as respondents in the place of the “Judge Does” identified in the petition.”
Probate judges will have five days to file papers telling the court why they should not be bound by the order.
Mobile County Probate Judge Don Davis will have to file a brief on whether he’s bound by the federal district court order in Searcy and other cases.
Couples will still be able to sue in federal court for the right to get married in the state. They can also ask to be added to an existing lawsuit.
The ruling and the order can be found at the link in the below Equality Case Files tweet.
There are more responses below the fold.
From The Human Rights Campaign:
Today, HRC condemned a ruling by the Alabama state Supreme Court ordering a halt to same-sex marriages in the state. In the ruling, the Court granted an emergency petition by two anti-LGBT groups, the Alabama Policy Institute and Alabama Citizens Action Program, who sought to stop probate judges from issuing marriage licenses across the state.
The order, which has no foundation in constitutional law, flies in the face a prevailing federal ruling by Judge Callie V.S. Granade issued weeks ago.
“The Alabama state Supreme Court does not have the authority to interfere with a federal court order,” said HRC Legal Director Sarah Warbelow. “This order is outrageous and baffling, and no amount of legalese can hide the bare animus that forms the foundation of this extralegal ruling.”
From NCLR:
Shannon Minter, legal director for the National Center for Lesbian Rights (NCLR) weighs in: “The Alabama Supreme Court just issued its ruling in the mandamus action. The Court not only granted the mandamus action filed by the two private groups, but reached out to hold that Alabama’s marriage ban is constitutional, which no party had asked them to address. It is deeply unfortunate that even as nationwide marriage equality is on the horizon, the Alabama Supreme Court is determined to be on the wrong side of history. The Court’s action displays a callous disregard for the impact of this gratuitous decision on same-sex couples and their families, but those families should take heart that this is only a stumble along the way toward equality. They have already forever changed the history of their state. The only question is not whether marriage equality will return to Alabama, but how quickly.”
From
AL.com:
"The state is going to take such a black eye on this," said University of Alabama Law Professor Ron Krotoszynski, Jr.. "I think it's going to play very badly in the national media," he said, citing shows like Bill Maher, John Oliver and The Daily Show with Jon Stewart.
"They're rejecting Judge Granade's reasoning lock stock and barrel," Krotoszynski said.
Granade's reasoning is in line with more than 60 federal district judges who have ruled on the same issue since the U.S. Supreme Court knocked down a port of the federal Defense of Marriage Act (or DOMA) in 2013, Krotoszynski said.
The next likely step is for one of the probate judges to file an emergency stay with the U.S. Supreme Court, Krotoszynski said. The situation could be "chaotic" between now and June when the U.S. Supreme Court is to rule on the issue anyway in a 6th Circuit case, he said.
Probate Judge Davis in Mobile could be in the worst position if the Alabama Supreme Court brings him under their order, which it appears they are inclined to do, Krotoszynski said. "He is between a rock and a hard place," he said.
From The SPLC (via twitter):