Cyber Monday 50% OFF SITE WIDE! Check it out now | Free Shipping + Financing Available!

Alabama Probate Judges Must Enforce Same-Sex Marriage Ban

by Queerty News January 06, 2016

Alabama Probate Judges Must Enforce Same-Sex Marriage Ban

 

On Wednesday, Chief Justice Roy Moore issued an order insisting that last March’s ruling issued by theAlabama Supreme Court remain in effect, warning that probate judges “have a ministerial duty not to issue any marriage licenses” contrary to Alabama‘s law and constitutional amendment banning same-sex marriage.

According to AL.com, a four-page administrative order by Moore argues that the ongoing conflict between the state court ruling and the U.S. Supreme Court‘s landmark June ruling has resulted in “confusion and uncertainty” among probate judges.

Moore said he took it upon himself to issue the order in his role as administrative head of the state court system.

The administrative order quotes a state law that empowers the chief justice to “take affirmative and appropriate action to correct or alleviate any condition or situation adversely affecting the administration of justice within the state.”

Moore claims that ever since the U.S. Supreme Court ruling, several Alabama probate judges are issuing licenses to same-sex couples, while other ones are only issuing licenses to opposite-sex couples, or not issuing licenses whatsoever.

He says that this “disparity affects the administration of justice in this state.”

Last January, a federal judge in Mobile ruled that Alabama‘s ban on same-sex marriage violated the U.S. Constitution. His ruling caused confusion and conflicting legal orders: Some judges issued licenses, others did not.

The Alabama Supreme Court issued its order in March following requests from two conservative groups — the Alabama Citizens Action Program and the Alabama Policy Institute — as well as Elmore County Probate Judge John Enslen.

Contrary to Alabama law, the order enjoined probate judges from issuing licenses.

Moore reportedly didn’t participate in that particular order. As a result, seven of the eight other judges concurred.

But four months later, the U.S. Supreme Court finally issued its long-awaited order, ruling that same-sex marriage was legal in America.

In his order today, Moore said the Alabama Supreme Court continues to deliberate on how the U.S. Supreme Court ruling ultimately affects the state court’s orders.

 

H/t: LGBTQ Nation




Queerty News
Queerty News

Author


Leave a comment

Comments will be approved before showing up.


Also in Think

PHOTOS: Party Down With The DILFS In Sydney

by Graham Gremore December 07, 2016

Continue Reading →

Overzealous Shaving Could Raise Risk Of STIs By 440%, Study Says

by matt baume December 06, 2016

Why are guys sill opting for removing all their body hair?

Continue Reading →

Remember When Gus Kenworthy Proved He Isn’t Shy?

by Derek de Koff December 06, 2016

The photo leaves something to the imagination -- but not much.

Continue Reading →