The Alabama Supreme Court just went rogue on marriage, and that has George Takei pretty annoyed. Hundreds of Republicans just asked the U.S. Supreme Court to enact full federal equality. And the National Organization for Marriage’s losing streak continues with yet another slapdown in court.
Well, it seemed like marriage was safe in Alabama, but the state Supreme Court still had a one weird trick up its sleeve. Even though a federal court ordered marriage to begin, the Alabama Supreme Court has now ordered it to stop. The state justices claim that their interpretation of federal law trumps a federal judge’s.
Can they do that? Not really, no. This breaks all kinds of rules about jurisdiction and authority. The legal term for this is … well, there isn’t one, because it really isn’t a thing that’s done. It’s basically the state giving the finger to the country. Which is why George Takei has flipped it around by encouraging folks to show the state their wedding finger.
What happens next? Lawyers rack up a ton of hours filing motions, and and maybe marriage can start back up again sometime soon. Or we might just have to wait until the U.S. Supreme Court resolves things once and for all.
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Speaking of the Supreme Court, last week was the deadline for amicus briefs in the marriage cases. Almost 400 companies submitted briefs in favor of marriage equality, including Coke, Delta, Apple, Nike, Amazon, GE, and many many more. Also of note: a pro-equality brief from over 300 Republicans. That includes several current and past senators, governors, mayors, White House officials, and even a Koch brother. This is more than double the number of Republicans who signed a similar brief for the DOMA case in 2013.
The Supreme Court won’t rule on marriage until sometime after oral argument on April 28. But they did just deliver some more bad news to the National Organization for Marriage. For years, NOM has been fighting to keep their donor identities secret, and last week the Supreme Court denied their request for a hearing, which puts an end to the case once and for all. It is weird that NOM stalled for this long, since the donor names have been available through the state since 2008. Essentially NOM just spent seven years and a ton of money on a fight that they lost a long time ago.
Bromancer7
It’s called contempt of court, and should result in every member of the Alabama Supreme Court being thrown in jail and disrobed and/or disbarred. Not that that’s going to happen, but I’m sure judge Granade is none too pleased and will issue a scathing smackdown any time now.
jwtraveler
Ho-hum
Ladbrook
And irony of this craziness occurring at about the same time thousands are in town commemorating the march in Selma was probably completely missed by every single member of Alabama’s supreme court. That state never changes. Ever.
Giancarlo85
Yes, this Alabama kangaroo court ruling was in direct defiance of federal authority and the Supremacy clause. They have no right to stop same sex marriage, because the US Supreme Court already allowed the federal court ruling to stand. The Alabama kangaroo court justices should be held in contempt and removed from office.
Low Country Boy
Alabama has always been on the wrong side of history. Oh, well . . .
tusgold
Note to Alabama STATE Supreme Court have you ever heard of Marbury vs Madison?
tusgold
Sometimes I want to juust say you stupid fucking red neck idiots! This IS one of those times.
Justice Kennedy is the swing vote on gay marriage and he wrote the courts opinion on banning DOMA. This should be a slam dunnk. Hell, even a Koch brother wrote the court in favor of mariage equality.
Govt get out of my beddroom and out of my personal affairs. Spoken like a member of the red party!
tusgold
I was really touched about transgenders when a girl transgendering to a boy commited suicide. I will be honest I aam gay, I get that. But the transgender I still don’t get, but I know this I will always go out of my way from now on to tell transgenders their courage and stregth blows me away and I have full respect for their decision. It just breaks my heart we lost this young man to hate and prejudice. She mad another tep and cut her hair like a boys. That alone I am not sure what that means???? Sinead OConnor and Tiny Tim. God Blesss and may God take away every ounce of pain you suffered. You should have talked to the folks at It Gets Better.