For a while, it looked as if marriage equality was a (complete) go in Alabama beginning on Monday morning. However, with state Supreme Court Chief Justice Roy Moore continuing to indicate to Alabama officials that the marriage equality ruling is not binding on the probate judges, it appears that about five probate judges will defy the ruling and refuse to issue the marriage licenses to same-sex couples. Liberty Counsel has agreed to represent those probate judges. As has been reported, the SPLC has filed ethics complaints against the Chief Justice (Roy Moore).
From MSNBC:
Of the 26 probate judges msnbc was able to contact Friday, 18 said they were planning on issuing marriage licenses to same-sex couples next week. But Liberty Counsel, an anti-marriage equality litigation and policy organization, said it was already representing five Alabama judges who would not be issuing marriage licenses to same-sex couples on Monday, and that more judges could soon be seeking the group’s representation.
“The federal decision is not binding on these magistrates,” Mat Staver, founder and chairman of Liberty Counsel, told msnbc. “Their directive has to come from the Alabama state court.”
Probate Judge Nick Williams of Washington County is one of the magistrates who won’t be issuing marriage licenses to same-sex couples beginning next week, but Staver would not name the other four judges his organization was currently representing. Two other probate judges – Wes Allen of Pike County, and Valerie Davis of Clarke County – said they would no longer grant marriage licenses to any couple, gay or straight, based off their religious objections to same-sex marriage.
“I do not think I am required to compromise my religious beliefs to be Probate Judge,” Davis said in a statement. “Alabama law does not mandate me to issue marriage licenses to anyone of any gender.”
On January 28,
Judge Granade issued a clarification order, which pretty much repeated
Judge Hinkle's (in Florida) clarification order. In that order, we find this language:
History records no shortage of instances when state officials defied federal court orders on issues of federal constitutional law. Happily, there are many more instances when responsible officials followed the law, like it or not. Reasonable people can debate whether the ruling in this case was correct and who it binds. here should be no debate, however, on the question whether a clerk of court may follow the ruling, even for marriage-license applicants who are not parties to this case. And a clerk who chooses not to follow the ruling should take note: the governing statutes and rules of procedure allow individuals to intervene as plaintiffs in pending actions, allow certification of plaintiff and defendant classes, allow issuance of successive preliminary injunctions, and allow successful plaintiffs to recover costs and attorney's fees.
Things could get very interesting (not in a good way) next week with regard to those rogue probate judges.
In the meantime, a group called Sanctity Of Marriage is hosting a rally on Saturday to protest the favorable marriage equality ruling.
From JMG:
Join Alabamians from across the state with your family, friends and signs at the State Capitol this Saturday morning, February 7, from 10:00 to 11:00 am CST. We will stand with our leaders and the laws of the State of Alabama for the sanctity of marriage as defined by God – union between a man and a woman. "In the beginning, God made them male and female. Therefore a man shall leave his father and mother and hold fast to his wife, and the two shall become one flesh. So they are no longer two but one flesh. What therefore God has joined together, let not man separate." (Mark 10:7-9) We can plead for God’s mercy on Alabama. We can speak up for what is right. We can uphold God’s Word. We can love homosexual Alabamians enough to tell them the truth. And, this Saturday we can rally together on the steps of the Capitol with families from across Alabama to publically stand for God’s definition of marriage, confess that “Jesus Christ is Lord”, encourage our leaders and proclaim a message of truth and hope in Alabama. Colonel John Eidsmoe, Senior Counsel for the Foundation of Moral Law will be speaking. We hope for media coverage.
Update on the rally: