**Updated to add: http://www.bloomberg.com/politics/articles/2015-02-09/gay-marriage-cleared-by-u-s-supreme-court-to-start-in-alabama ** Wynternight

In a 7-2 order, the justices rejected Alabama's bid to stop a federal trial judge's legalization order from taking effect Monday. The state now will become the 37th where gays can marry. Justices Antonin Scalia and Clarence Thomas dissented.




(Alabama Chief Justice) Roy Moore orders ban on same-sex marriage licenses

Brian Lyman, Montgomery Advertiser 10:06 p.m. CST February 8, 2015

Alabama Chief Justice Roy Moore Sunday evening ordered probate judges in the state of Alabama to not issue marriage licenses to same-sex couples, setting up a potential showdown between Alabama's chief justice and the federal courts.

The six-page letter, issued hours before same-sex marriage was expected to become legal in Alabama, says "no 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." The named sections refer, respectively, to the state's 2006 constitutional amendment banning same-sex marriage, and the 1998 law doing so.

More at:

http://www.montgomeryadvertiser.com/story/southunionstreet/2015/02/08/moore-orders-probate-judges-not-to-issue-same-sex-marriage-licenses/23099621/

Tomorrow same sex marriages were supposed to be legal in Alabama.

This is going to get interesting and maybe ugly too.

I wonder if they'll issue the licenses anyway and ignore Roy Moore?

Chief Justice Moore is going to get himself kicked off the bench. It's happened before, and it will happen again over this. The Southern Poverty Law Center had filed an ethics complaint against him with the state's Judicial Inquiry Commission. From HuffPo:

This isn't Chief Justice Moore's first rodeo. A decade ago, he ignored a federal court order requiring the removal of a statue of the Ten Commandments from the State Judicial Building. For this offense, he was removed by the State Supreme Court in 2003. "[T]he Oath taken by Chief Justice Moore commands him to support both the United States and Alabama Constitutions," read the opinion removing him. "In the event of a conflict between the constitutions of Alabama and the United States, the Constitution of the United States must prevail."

Apparently he didn't learn anything the first time around.

I think Justice Moore is trying to make a martyr of himself. We mustn't let him. Not sure how we can stop it, but we should.

Two words come to mind: epic fail.

Yep, he's done.

Obviously, his opinion is the only one that counts and this is the hill that he has chosen to die on.

The feds will help him along on that journey 

The only people who'll see him as a martyr are the ones whose minds are bolted shut -- their opinions will never change, and the best we can hope for is that they'll learn, more or less, to keep their mouths shut.

Justice Moore will make himself a laughingstock with most other people.

When was the last time that attempting to defy a federal court worked in favor of the South? Arkansas in 1957? Selma in 1965? I would just love to see the look on their faces if the president deployed the military and/or U.S. Marshals to force the state to comply with a court order by replacing court clerks who refuse to do their jobs and arresting officials who ordered clerks to defy a federal court. BTW, why is it that a judge use their interpretation of the bible in rulings instead of the U.S. Constitution and not be instantly and permanently disbarred.

My prediction is that Moore will be forced into retirement, after which he will take a cruise and fall off the edge of the flat Earth.

He's going to shoot himself in the foot with this, and nobody's going to give him a band-aid to cover it.

Wow. Everyone. I wish I had your confidence in the adeptness of the federal government and their willingness to confront a state on behalf of a bunch of gay people. The president didn't even believe in gay marriage until a short time ago. I wish I could be confident that he'd be willing to risk a constitution crisis on our behalf.

I'm not so optimistic as all that, but he pretty much has to, Suzi. Alabama has already triggered the crisis. If the feds let it go it damages precedents all the way back to the 1860s.

It's not much of a "crisis" at this point; last I heard, clerks in some counties were issuing licenses and some weren't.

Given that seven out of nine Supreme Court justices just said "Eff you, Alabama, we're not gonna give you a stinkin' stay until we rule on this in the summer, so suck it up and marry those people!"... it's just a matter of time.

But I'm sure that if Alabama stations state troopers with dogs on the courthouse steps to keep the queers out, Obama will send federal troops. [/sarcasm]

Quote from: Tysilio on February 10, 2015, 10:01:00 AM
It's not much of a "crisis" at this point; last I heard, clerks in some counties were issuing licenses and some weren't.

Given that seven out of nine Supreme Court justices just said "Eff you, Alabama, we're not gonna give you a stinkin' stay until we rule on this in the summer, so suck it up and marry those people!"... it's just a matter of time.

But I'm sure that if Alabama stations state troopers with dogs on the courthouse steps to keep the queers out, Obama will send federal troops. [/sarcasm]

It's a crisis in that the White House needs to decide what to do. Do they start enforcement against those judges that are defying the federal order? This would be federal action against a state official. That would be BIG. Or do they decide not to do anything. That would also be big since it would in effect allow Alabama to take federally guaranteed rights away from its LGB citizens who want to marry. Based on what they have done so far (said nothing, done nothing), I fear they'll take the path of least resistance and allow Alabama to trample our rights.

"Stupid is as stupid does"- Forrest Gump

It's not as big as desegregation under Wallace, by a long shot, which was the last time the federal executive stepped in; this makes Alabama, what, the 37th state in which same-sex marriage is legal? The tide has turned on this one.

Since it now seems to be a given that the Supreme Court will rule in favor of equal rights early this summer, my guess is that the Obama administration wouldn't act until that happens, if Alabama (or other states) chose to defy the ruling after that.

In the meantime, there's that ethics complaint. There's also the possibility that Judge Callie Granade, the federal district court judge who just ruled Alabama's law unconstitutional, could find Justice Moore in contempt. I suppose she could even throw him in jail -- wouldn't that be delicious?

Just from watching the boob tube I learned that there are only a few counties that are not issuing any licenses to anyone.  That won't last and like Moore's ten commandment stunt this one will go into the dustbin too.  Regressive theater IMO.

Quote from: suzifrommd on February 10, 2015, 04:36:36 AM
Wow. Everyone. I wish I had your confidence in the adeptness of the federal government and their willingness to confront a state on behalf of a bunch of gay people. The president didn't even believe in gay marriage until a short time ago. I wish I could be confident that he'd be willing to risk a constitution crisis on our behalf.

Absolutely this. I can point out a number of cases where the states aren't following SCOTUS decisions either. But they don't do it in such an outright obvious manner. They do it more subtle and actually try to rationalize their reasoning to the decisions.

As it is, only a few counties are issuing licenses. This may be enough for there to be "same sex marriage in Alabama" but a lot of people are still being denied their right.

And that is wrong.

The Constitution and the rule of law are important. All of it. Not just parts that people like.

Quote from: Tessa James on February 10, 2015, 12:48:47 PM
Just from watching the boob tube I learned that there are only a few counties that are not issuing any licenses to anyone.  That won't last and like Moore's ten commandment stunt this one will go into the dustbin too.  Regressive theater IMO.

Actually I think it's the other way around.

Most are accepting the applications but sitting on them.

Some are refusing to issue to same sex couples.

Some are refusing to issue licenses to anyone, gay or straight.

Some are issuing.

I hope this doesn't get ugly. It could.

Judges In 51 Of Alabama's 67 Counties Refusing To Issue Marriage Licenses To Same-Sex Couples

By David Badash The New Civil Rights Movement
February 10, 2015 8:52 AM

http://www.thenewcivilrightsmovement.com/davidbadash/judges_in_51_of_alabama_s_67_counties_refusing_to_issue_marriage_licenses_to_same_sex_couples

Can it really be called "marriage equality" when more than three-quarters of the state refuses to allow same-sex couples to marry?

Same-sex marriage came Alabama Monday, after the U.S. Supreme Court announced it would not grant a delay just as probate judges offices were readying to open. That is, some probate judges. In 51 of Alabama's 67 counties, some probate judges kept their offices closed, some refused to issue marriage licenses to any couples, some refused to issue marriage licenses to same-sex couples, and some, just 16 at most, were open for business as the law requires.