The top judge in Alabama has announced an order to the state’s probate judges not to issue marriage licenses to same-sex couples. This comes after the United States Supreme Court legalized same-sex marriages across the nation last year.
Chief Justice Roy S. Moore of the Alabama Supreme Court issued the administrative order on Wednesday, citing that March of last year the state’s high court upheld the state’s ban against same-sex unions. Three months after the upholding of the ban, the nation’s High Court ruled that the banning of same-sex marriages was unconstitutional as noted in the Obergefell v. Hodges case.
“Confusion and uncertainty exist among the probate judges of this State as to the effect of Obergefell on the ‘existing orders’ ” — that is, the March 2015 instructions that bans on same-sex marriage should be enforced, Moore wrote in his order.
He also suggests that the Supreme Court decision invalidates the marriage bans in Michigan, Kentucky, Ohio and Tennessee — that is, the specific laws named in Obergefell — but not necessarily in Alabama.
“I am not at liberty to provide any guidance to Alabama probate judges on the effect of Obergefell on the existing orders of the Alabama Supreme Court,” he wrote. “That issue remains before the entire [Alabama Supreme] Court which continues to deliberate on the matter.”
Instead, Moore argued that while the “legal analysis is yet to be determined,” the “confusion” over the law has an adverse effect on the administration of justice in Alabama.
Based on that reasoning, he ordered that probate judges have “a ministerial duty” not to issue marriage licenses to same-sex couples — at least until the Alabama Supreme Court has ruled on the impact of the U.S. Supreme Court’s decision.
This isn’t the first time Justice Moore has challenged the federal rulings. In January 2015, U.S. District Court Judge Ginny Granade ruled that Alabama’s ban was unconstitutional. The following month, Moore told probate judges they weren’t bound to Judge Granade’s decision, which created a statewide conflict.
The Southern Poverty Law Center stated that Moore’s order is part of a “personal anti-LGBT agenda.”
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4. JUNE: President Obama sings "Amazing Grace" during the eulogy for South Carolina state senator and Rev. Clementa Pinckney during Pinckney's funeral service. Clementa was one of the nine victims who died after suspected shooter Dylann Roof entered the AME church and opened fire.Source:Getty 4 of 10
5. SEPTEMBER: President Obama is featured on the popular show "Running Wild With Bear Grylls." Obama took the trip to highlight the importance of climate control.Source:Getty 5 of 10
6. SEPTEMBER: The First Couple serve as "love goals" at the White House's state dinner for Chinese President Xi Jinping and his wife Madame Peng Liyuan. Obama and Xi announced an agreement on controlling climate change and a mutual outlook on cyber security.Source:Getty 6 of 10
7. OCTOBER: President Obama meets with Ahmed Mohamed, the student who was detained by Texas police for his homemade clock. The president stood by the teen, who many believe was the victim of Islamophobia.Source:Getty 7 of 10
8. NOVEMBER: President Obama issues a warning to his critics who "pop off" at his policies towards Syrian refugees. Speaking at the OP 21 United Nations conference on climate change, Obama welcomed his Republican critics to the White House to lay down their own policies. No one has responded.Source:Getty 8 of 10
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10. DECEMBER: All grown up! The First Family, including Obama's mother-in-law Marian Robinson, is seen at the White House's national Christmas tree lighting ceremony on Dec. 2.Source:Getty 10 of 10
Alabama’s Top Judge Orders Courts To Stop Issuing Same-Sex Marriage Licenses was originally published on newsone.com