Alabama Marriage Equality Update 2/10/15

Written by scott on February 10th, 2015

AlabamaAnother day, more controversy in Alabama as the marriage equality fight continues.

At least three counties have relented and started to issue marriage licenses to same sex couples:

It’s possible that these counties are reacting to a statement made last night by the governor. Gov. Robert Bentley, a Republican and a Southern Baptist, said he believes strongly that marriage is between one man and one woman, but that the issue should be “worked out through the proper legal channels” and not through defiance of the law. The governor noted that Alabama is about to be in the spotlight again with the 50th anniversary of the Voting Rights Act of 1965, which was passed after civil rights marchers were attacked and beaten in Selma, Alabama — events chronicled in the Oscar-nominated movie “Selma.” “I don’t want Alabama to be seen as it was 50 years ago when a federal law was defied. I’m not going to do that,” Bentley said in an exclusive interview with The Associated Press. The three counties (Limestone, Morgan, and Elmore) have a combined population of 280,000. That still leaves more than 50 counties who are not serving gay couples.

Attorney General Luther Strange filed his response to the plaintiffs’ amended complaint.

Equality on Trial reports:

Alabama Attorney General Luther Strange has filed his response to yesterday’s request from the National Center for Lesbian Rights (NCLR), who’s representing the plaintiffs in Strawser v. Strange, to amend their complaint, add new plaintiffs and defendants, and request a preliminary injunction or temporary restraining order against the Mobile County Probate Judge. The filing notes that the attorney general can’t issue marriage licenses, nor can he order county probate judges to take any actions or open their offices. Because of that, he doesn’t oppose the addition of plaintiffs who are seeking marriage licenses from Mobile County, and the probate judge of the county as a defendant.

The judge in the case has scheduled a hearing for Friday.

Equality on Trial reports:

The federal district court judge who overturned Alabama’s same-sex marriage ban has scheduled a hearing for Thursday, February 12 on the request in Strawser for an injunction requiring Mobile County Probate Judge Don Davis. The county is still refusing to issue marriage licenses to same-sex couples, and they’re see

Some straight couples have been caught in the crossfire:

Meanwhile, Governor Bentley made some conciliatory noises.

Equality on Trial reports:

The governor noted that Alabama is about to be in the spotlight again with the 50th anniversary of the Voting Rights Act of 1965, which was passed after civil rights marchers were attacked and beaten in Selma, Alabama — events chronicled in the Oscar-nominated movie “Selma.” “I don’t want Alabama to be seen as it was 50 years ago when a federal law was defied. I’m not going to do that,” Bentley said in an exclusive interview with The Associated Press.

“I’m trying to move this state forward.”

Chief Justice Roy Moore mouthed off again.

The Dallas Voice reports:

…on Monday, Feb. 9, Moore explained to ABC News that he has to stop same-sex marriage, because if loving, committed adult couples of the same gender are allowed to legally marry, then all hell is gonna break loose and then “men and their daughters or women and their sons” would be insisting they be allowed to get married too.

In a fitting tribute, the Klu Klux Klan came out in support of Moore today.

Joe.My.God reports:

From the website of the United Dixie White Knights: The Mississippi Klan salutes Alabama’s chief justice Roy Moore, for refusing to bow to the yoke of Federal tyranny. The Feds have no authority over individual States marriage laws. The fudgepackers from Hollywood and all major news networks are in shock that the good people from the heart of Dixie are resisting their Imperialist, Communist Homosexual agenda!

Lambda Legal is urging probate judges to ignore Moore.

SDGLN reports:

Lambda Legal today sent an open letter to the president of the Alabama Probate Judges Association and probate judges of counties that are not issuing licenses to same-sex couples urging them to disregard Alabama Chief Justice Roy Moore’s legally incorrect and unfounded Administrative Order and instead issue marriage licenses to same-sex couples and different-sex couples alike, after the U.S. Supreme Court rejected the state’s request for a stay.

A woman in Autauga County was arrested after trying to perform a same sex wedding ceremony in the probate judge’s office.

Joe.My.God reports:

An Autauga County woman was charged with misdemeanor disorderly conduct Tuesday morning after offering to perform a same sex marriage inside the probate judge’s office. Anne Susan Diprizio, of the 300 block of Cambridge Street, is charged with disorderly conduct, said Dave Hill, chief deputy of the Autauga County Sheriff’s Office. She was being processed in the Autauga Metro Jail after her arrest and was unavailable for comment. Courthouse records show she doesn’t have an attorney. She was being held on a bond of $1,000, Hill said.

The state has put up the biggest fight against marriage equality so far.

AL.com reports:

Carl Tobias, a University of Richmond School of Law professor who has tracked same-sex marriage litigation across the country, said he does not believe any other state has resisted the federal court system as aggressively as Alabama. He said the closest analogy probably is Florida, where clerks across the state initially insisted that a judge’s order striking down that state’s ban applied only in one county. “It never really culminated in this situation,” he said, referring to Monday’s wild day in Alabama. “The day came, and they were ready and everything went OK.”

US Senator Jeff Sessions jumped into the fray today.

Towleroad.com reports:

Sessions told CQ Roll Call that he believes judges’ rulings in favor of marriage equality have more to do with sentiment that an accurate interpretation of the U.S. Constitution: “I think it’s an unhealthy trend that judges feel that they’re somehow reflecting popular opinion when first of all, it’s not popular opinion, and secondly, who are they to be ruling on cases based on how they feel.”

Nate Cohn at the New York Times looks at the depth of opposition to gay marriage in Alabama:

…Those results suggest that Alabama would have voted overwhelmingly against same-sex marriage if it had been on the ballot there in 2012. I estimate the vote would have been roughly 73 percent to 27 percent against same-sex marriage. The estimate is based on the relationship between support for same-sex marriage in Maine, Maryland, Minnesota and Washington; educational attainment; population density; the number of evangelical Christians and African-Americans; and support for Mr. Obama. Support for same-sex marriage has increased further over the last two years, rising to about 54 percent last year from 49 percent in 2012, according to Pew and Gallup national polls. Nonetheless, a majority — and probably two-thirds — of Alabama voters most likely remain opposed.

Now we wait for Friday’s hearing and the judge’s ruling.

Find more articles and gay wedding resources in Alabama.

 

1 Comments so far ↓

  1. Michael says:

    Let’s hope the militant anti-gay activist in Mobile has to do his job really soon–either Friday or shortly thereafter.

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