• Source: File
  • Breaking: Alabama Supreme Court Shoots Down Case Supporting Same-Sex Marriage Ban

    State's Highest Court Dismisses Case Claiming Marriage Ban Still In Effect

    The Alabama Supreme Court Friday morning dismissed a case claiming the U.S. Supreme Court's ruling on same-sex marriage had no bearing on the laws of the State of Alabama. The case was brought by the Alabama Citizens Action Program, Elmore County's probate judge, and the Alabama Policy Institute.

    Plaintiffs claimed that the Supreme Court's Obergefell ruling did not apply to Alabama's ban on same-sex marriage, which, therefore, was still in effect. 

    Elmore County Probate Judge John Enslen "asked the Alabama Supreme Court to issue an order stating Alabama will no longer issue same-sex marriage licenses and asked that the justices issue an order declaring the state will only honor same-sex marriage licenses either issued by the federal government or a state that has a state law allowing gay marriage," AL.com, which first reported the news, notes. 

    Curiously, AL.com also reports the Court "issued a one-page order and 169-page opinion with all nine justices concurring, and seven of them writing specially." 

    The Alabama Supreme Court has a total of nine justices, including Chief Justice Roy Moore (photo, above), who in the past has made the same argument.

    More to come – stay tuned.

    UPDATE I: 12:09 PM EST –

    Ruling here

    UPDATE II: 12:48 PM EST –

    Justice Moore wants to make sure you know he still opposes same-sex marriage and still vehemently believes the Obergefell ruling is "Amending the United States Constitution by Judicial Fiat."

    Moore also writes in today's ruling, that the court's action of dismissing this case (actually 3 petitions) "does not disturb the existing March orders in this case or the Court's holding therein that the Sanctity of Marriage Amendment, art. I, § 36.03, Ala. Const. 1901, and the Alabama Marriage Protection Act, § 30-1-9, Ala. Code 1975, are constitutional."

    In other words, Moore states it is the position of the Supreme Court of Alabama that Alabama's bans of same-sex marriage are still constitutional. 


    This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.

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    • commented 2016-07-08 21:41:07 -0400
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    • commented 2016-03-05 08:46:17 -0500
      The Court had no choice in the ruling,
      ALL courts MUST rule in accordance with the SCOTUS precedent.
      If the Judge had ruled otherwise his decision would have been overturned at the regional level, or sent back down with a nasty note advising that he reconsider.
      Judges HATE being overruled. And NO ONE likes to be chastised!

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    • commented 2016-03-04 13:33:18 -0500
      The Alabama Supreme Court has binding authority to overrule lower court decisions in the state. If that lower court defied the state Supreme Court, how would the State respond? Presumably, by some form of sanction, which might include removing a judge. The SCOTUS has similar binding authority. So why couldn’t the State likewise intervene, and sanction him, or remove him from the bench?

    • commented 2016-03-04 13:14:48 -0500
      Moore is wrong. His voice does not count no matter what. He can believe anything he wants but the law is the law and SCOTUS stated bans on marriage for LGBT people is unconstitutional. That includes AL.

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