UPDATED: Alabama Chief Justice Bans Judges From Issuing Same-Sex Marriage Licenses
Despite a federal judge’s order, the Chief Justice of the Alabama Supreme Court has banned the issuance of marriage licenses to same-sex couples.which legal experts will need to sort out.
Roy Moore, the fire-and-brimstone Chief Justice of the Alabama State Supreme Court, has just banned the issuance of marriage licenses to any same-sex couple. In Alabama, only probate judges may issue marriage licenses, and Moore has effectively banned same-sex marriage in the Heart of Dixie.
Moore’s order, which also bans the recognition of any same-sex marriage, is in direct contradiction to a federal judge’s ruling, and comes just hours before her stay is set to expire on Monday. Many same-sex couples have been eagerly awaiting the stay’s expiration, and will likely have to wait longer.Â
LOOK:Â Crusading Alabama Judge Takes Entire County ‘Out Of Marriage Licensing Business Altogether’
His order sets up a constitutional crisis between the federal and state governments, and between the state judiciary and executive branches, roping the governor into his likely illegal or unconstitutional order.
“Should any Probate Judge of this state fail to follow the Constitution and statutes of Alabama as stated,” Moore’s late-night directive reads, “it would be the responsibility of the Chief Executive Officer of the State of Alabama, Governor Robert Bentley, in whom the Constitution vests “the supreme executive power of this state,” Art. V, § 113, Ala. Const. 1901, to ensure the execution of the law.”
U.S. Supreme Court justices, in a rare move, have ignored a request to extend the stay that expires Monday, without any response whatsoever.Â
UPDATE I:
The Human Rights Campaign (HRC), which days ago called for Moore’s firing, Sunday night labeled his act a “clear violation of all codes of legal ethics, boundaries of jurisdiction, and moral decency.”Â
“This is a pathetic, last-ditch attempt at judicial fiat by an Alabama Supreme Court justice—a man who should respect the rule of law rather than advance his personal beliefs,†HRC Legal Director Sarah Warbelow said in a statement. “Absent further action by the U.S. Supreme Court, the federal ruling striking down Alabama’s marriage ban ought to be fully enforced, and couples that have been waiting decades to access equal marriage under the law should not have to wait a single day longer. All probate judges should issue licenses tomorrow morning, and Chief Justice Roy Moore ought to be sanctioned.â€
UPDATE II:
Statement via email from @NCLRights‘s @Chris_Stoll, atty for two of the AL plaintiffs responding to Roy Moore “order” pic.twitter.com/dRGL5OR8bE
— Equality Case Files (@EQCF) February 9, 2015
UPDATE III:Â
“Alabamians deserve better than yet another lawless official standing in doorway to defy the Constitution,” – @EvanWolfson #ALMarriage (1/2)
— freedomtomarry (@freedomtomarry) February 9, 2015
“…incite disorder, and defend discrimination. It is time to move forward, & most Alabamians will, just as America has.” (1/2) #ALMarriage
— freedomtomarry (@freedomtomarry) February 9, 2015
Roy Moore is trying to create the illusion of confusion in #Alabama, but the only confusion is coming from Roy Moore. #Followthelaw
— Evan Wolfson (@evanwolfson) February 9, 2015
UPDATE IV:
Extending his incorrect legal premise, in Sunday night’s order Moore claims that because the Alabama and U.S. Supreme Courts have not ruled on Alabama’s same-sex marriage ban, it is still in effect – despite a federal judge’s ruling. In a claim with which most legal authorities would disagree, he also claims, “the opinions of the United States District Court for the Southern District of Alabama do not bind the state courts of Alabama but only serve as persuasive authority.”
UPDATE V:
Southern Poverty Law Center President Richard Cohen states Chief Justice Moore is “creating a crisis in our state.”Â
“We urge the probate judges to follow the Constitution of the United States and issue marriage licenses when their offices open in the morning,” a statement from Cohen reads. “Chief Justice Moore has no authority to tell them to do otherwise.”
Responses to Moore’s actions via Twitter:
Ironically, Chief Justice Moore’s bigoted order is precisely what “judicial tyranny” looks like. http://t.co/DxyH7d1Azm
— Steve Silberman (@stevesilberman) February 9, 2015
Chief Justice Roy Moore channels George Wallace in lawless bid to stop same-sex marriage in Alabama http://t.co/CXBqjHBBqR
— Judd Legum (@JuddLegum) February 9, 2015
Read our full statement on Alabama Chief Justice Roy Moore’s outrageous administrative order. #LGBT #alpolitics pic.twitter.com/Y3HFv5xFgI
— SPLC (@splcenter) February 9, 2015
#RoyMoore‘s religious “non-profit” paid him $723K in 3 years. #Christian folk can be soooo gullible. #LGBT #Alabama pic.twitter.com/2C5Uafrh6V
— Memeographs (@memeographs) February 9, 2015
#Alabama will DEFINITELY want this number handy: 334-265-2754 @equalityalabama @ACLUAlabama #MarriageEquality #LGBT pic.twitter.com/aGhxrt6wfR
— Memeographs (@memeographs) February 9, 2015
Dear #Alabama: You realize that your Chief Justice is mentally ill? http://t.co/znOSX7ZjRe #NationalEmbarrassment pic.twitter.com/ynjtUbkFnh
— Mikko Alanne (@MikkoAlanne) February 9, 2015
Enforcing a Federal Court order is jurisdiction of Dept of Justice. This is their handle > @CivilRights < #LGBT #Alabama #marriage
— Memeographs (@memeographs) February 9, 2015
FINAL UPDATE:Â
Alabama’s Largest Newspaper Asks: ‘Is Roy Moore A Closeted Homosexual?’
Â
The is a breaking news and developing story and has been updated.
Enjoy this piece?
… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.
NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.
Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.