Alabama Supremes Challenge Federal Courts on Marriage Equality

Written by scott on March 4th, 2015

AlabamaThe Alabama Supreme Court has weighed in on the marriage equality question, and it’s about what you’d expect.

The Dallas Voice reports:

The Alabama Supreme Court late today (Tuesday) ordered all of the state’s probate judges to stop issuing marriage licenses to same-sex couples, in defiance of orders from a federal district court judge overturning the Alabama same-sex marriage ban, and a decision by the U.S. Supreme Court refusing to block the district judge’s order… The state’s highest court said Alabama wasn’t bound by this “new definition” of marriage, though marriage equality has “gained ascendancy in certain quarters of the country,” including the federal judiciary. The supreme court’s ruling said: “As it has done for approximately two centuries, Alabama law allows for ‘marriage’ between only one man and one woman. 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.”

The Court has given probate judges five days to respond to the new order.

The case was brought by two anti-gay groups.

LGBTQ Nation reports:

The court’s ruling came in response to a request from the Southern Baptist-affiliated Alabama Citizens Action Program and the Alabama Policy Institute, a conservative think tank, which asked the justices to halt same-sex unions.

Joe Godfrey, executive director of the Alabama Citizens Action Program, said he was very excited about the decision. “We are concerned about the family and the danger that same-sex marriage will have. It will be a devastating blow to the family, which is already struggling,” Godfrey said. He said the decision will provide some stability in Alabama until the U.S Supreme Court rules later this year. The nation’s high court will hear oral arguments in April and is expected to issue a ruling by June regarding whether gay couples nationwide have a fundamental right to marry and whether states can ban such unions.

Mat Staver at the Liberty Counsel is over the moon about the decision.

Joe.My.God reports:

The ruling by the Alabama Supreme Court is historic, and is one of the most researched and well reasoned opinions on marriage to be issued by any court in the country. The legitimacy of the judiciary is undermined when a judge legislates from the bench or usurps the power reserved to the states regarding natural marriage. This decision of the Alabama Supreme Court is very well reasoned, which is quite rare from today’s courts. The decision not only affirms natural marriage but also restores the rule of law.

Meanwhile, the legislature is considering a “right to discriminate” bill.

SDGLN reports:

HB 56 would allow religious organizations to refuse solemnizing and recognizing any marriage, and prevents the government from penalizing organizations for their refusal to recognize marriage. In addition, the bill broadly defines religious organizations to include social service organizations. Because Alabama has no LGBT non-discrimination protections, this bill would exempt organizations from the general rules applicable to spouses, and could allow, for example, a religious hospital to refuse to recognize the spouse of a patient.

It’s gpnna be a crazy day down in Alabama.

Find more articles and gay wedding resources in Alabama.

 

1 Comments so far ↓

  1. jerry says:

    Wasn’t it Alabama where the National Guard had to escort the first black child into an all white school following the U.S. Supreme court decision? I guess that hate doesn’t skip generations or take a holiday in Alabama. Alabama…such a beautiful state but flawed by homophobia and racist.

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