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