Gay Marriage Law in Alabama: Chief Justice Orders Probate Judges to Ignore Federal Court Ruling
Alabama's Chief Justice Roy Moore ordered the state's probate judges on Sunday to not issue or recognize marriage licenses for same-sex couples. His order comes as same-sex marriages become legal in the Southern state on Monday, triggering harsh responses from human rights and LGBT groups.
Moore's order was delivered late on Sunday and said, "Effective immediately, no Probate Judge of the State of Alabama nor any agent or employee of any Alabama Probate Judge shall issue or recognize a marriage license that is inconsistent with Article 1, Section 36.03, of the Alabama Constitution or § 30-1-19, Ala. Code 1975," according to WBRC.
A federal judge ruled back in January Alabama's ban on same-sex marriage was unconstitutional, and the 11th U.S. Court of Appeals rejected a stay request.
The U.S. Supreme Court denied the state's request to extend the hold on allowing same-sex marriages, reports Politico. The court voted in favor of allowing the marriages to proceed with only Justices Clarence Thomas and Antonin Scalia dissenting.
However, Moore's order has sparked responses from various LGBT and human rights groups. According to The Associated Press, Susan Watson, executive director The American Civil Liberties Union of Alabama, issued a response to the judge's order.
"We will see marriage equality in Alabama tomorrow. I don't think the probate judges in Alabama are going to defy a federal court judge's order," she said on Sunday.
Similarly, Equality Alabama's chairman Ben Cooper chastised the chief justice's order and said same-sex couples will still request marriage licenses, reports The New York Times.
"We are continuing to move forward tomorrow," Cooper said. "If we walk in and licenses are refused, if they do not comply with the federal order, then these probate judges could be personally liable."
The Southern Poverty Law Center issued a statement on Moore's order, saying various federal courts have allowed and he is "provoking confrontation with the federal courts."
But, instead of respecting these rulings, the Chief Justice has decided to create a crisis in our state [by] telling the probate judges to ignore the ruling of the district court and threatening them with unspecified gubernatorial action," the statement read. "It's outrageous."
However, various probate judges around the state have begun turning same-sex couples away. Judges in at least Baldwin, Tuscaloosa, Marengo and Calhoun counties have refused to issue marriage licenses to same-sex couples, citing Moore's order.
According to AL.com, two women, both with the Tuscaloosa Police Department, attempted to request a marriage license but were denied. They said Probate Judge Hardy McCollum should be held in contempt of court.
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