Alabama Governor Tells Judges Issuing Marriage Licenses Their Jobs Are Secure

The Republican governor of Alabama formally announces his intent to take no action against judges who issue marriage licenses to same-sex couples.

Newly re-elected Republican Governor Robert Bentley has chosen to not take any action against probate judges who act in accordance with a federal judge’s ruling that struck down Alabama’s ban on same-sex marriage. That ban expired this morning, but late Sunday State Supreme Court Justice Roy Moore ordered those judges to not issue any marriage licenses to same-sex couples.

Some attorneys for same-sex couples have already filed contempt motions against judges who refuse to comply with the federal ruling, and Gov. Bentley sided with federal law.

“I will not take any action against Probate Judges, which would only serve to further complicate this issue,” Bentley stated in a formal announcement on the governor’s state website. “We will follow the rule of law in Alabama, and allow the issue of same sex marriage to be worked out through the proper legal channels.”

The “rule of law” states that a federal judge’s ruling stands despite any state judge’s ruling – especially when the Court of Appeals and the U.S. Supreme Court tacitly support that decision by refusing to place a hold, or a stay on it, as has happened in Alabama.

“The issue of same sex marriage will be finally decided by the U.S. Supreme Court later this year,” Bentley added. “I have great respect for the legal process, and the protections that the law provides for our people,” Bentley noted, adding, “I am disappointed that a single Federal court judge disregarded the vote of the Alabama people to define marriage as between a man and woman.”

Bentley, however, did distance himself from Chief Justice Roy Moore, whose statement Sunday night, ordering probate judges to not issue licenses, put the governor in a difficult spot, according to observers. Bentley did not, however, order judges refusing to issue licenses to same-sex couples to do so, nor did he suggest any consequences for them.

 

Meanwhile, want to catch up on the same-sex marriage news in Alabama?

Video Of The Day: Alabama Protestor’s Anti-Marriage Cross To Bear

Alabama Grants Marriage Recognition To Widower Against Mother-In-Law’s Legal Pleas

Breaking: First Same-Sex Couple Marries In Alabama (Photos)

Breaking: US Supreme Court Denies Alabama Request To Halt Same-Sex Marriages

Alabama’s Largest Newspaper Asks: ‘Is Roy Moore A Closeted Homosexual?’

UPDATED: Alabama Chief Justice Bans Judges From Issuing Same-Sex Marriage Licenses

 

Editor’s note: An earlier version of this article incorrectly noted the governor’s position. We apologize for the error.

Image via Twitter
Hat tip: Equality Case Files