Just a few weeks after a United States District Court Judge in Mobile ordered a local probate judge to begin issuing same-sex marriage licenses, the Alabama Supreme Court has ordered a halt on statewide same-sex marriage.
“As it has done for approximately two centuries, Alabama law allows for ‘marriage’ between only one man and one woman,” the order said. “Alabama probate judges have a ministerial duty not to issue any marriage license contrary to this law. Nothing in the United States Constitution alters or overrides this duty.”
The order gives probate judges five days to present arguments on why they should be allowed to issue the licenses.
This only adds to the confusion in the state.
How about we take this to the next level?
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Last month, Alabama’s chief justice Ray Moore (the same Ray Moore who defied a federal court order to remove a monument to the 10 commandments from the state courthouse) ordered state judges to disobey the ruling of the federal judge. It resulted in some counties following one authority, and some following another.
That situation prompted Elmore County Probate Judge John E. Enslen to ask for clarification from the Alabama Supreme Court, and thus we have this even more confusing decision form the state supreme court.
David Kennedy, one of the lawyers who represented the couple who initially challenged the same-sex marriage ban, doesn’t think the decision will hold up to federal scrutiny.
“I don’t really think that they can do that. I’m not surprised, but I’m somewhat appalled,” he said. “The Supreme Court of the United States ruled that the stay (on the order striking down the gay marriage ban) would expire on Feb. 9. On Feb. 9, same-sex marriage effectively became legal in Alabama.”
“Whenever state law conflicts with federal law, federal law wins,” he added.
via AL.com
Xzamilio
Supremacy Clause of the US Constitution. The end.
Giancarlo85
Sorry but the Alabama Supreme Court ruling is illegal and the Judges could now be removed. The US Supreme court already said marriages can proceed.
Giancarlo85
@Giancarlo85: In addition, the Alabama court justices could be held in contempt if they continue this defiance.
Low Country Boy
@Xzamilio: I agree, but on up you on the “Full Faith and Credit and Credit Clause.”
Low Country Boy
“Full Faith and Credit Clause.”
Kieran
Someone really should break the news to the Alabama Supreme Court: Alabama LOST THE WAR to secede from the United States. You are US territory, subject to US laws, whether you like it or not.
Dakotahgeo
These backward southern States absolutely boggle the mind! And the sad thing is, they don’t seem to learn their lessons!We need a number of absolute “Sherman’s Marches” throughout the South with all the advanced technology this country has. And maybe, just maybe, there’d be enough left to pee on to put the flame out!
cccaguy
This is what happens when we have a President and an Attorney who pick and choose what federal laws to enforce and when to let state laws that violate federal laws go unchallenged. For example states legalizing pot in violation of federal laws.Sooner or later we are going to be faced now with a Conservative President who may choose not to enforce laws protecting gay or minority rights. Obama has set some very dangerous precedents.
Dakotahgeo
@cccaguy: I believe you are referring to a “dictator,” in other words. We were dangerously close to that with GWBunnypants and DarthEVaderCheney in charge, together with their militarily challenged henchmen. That is the greatest reason President Obama was elected… TWICE! The North American citizens saw this coming and chose to have a humane, compassionate head at the helm of our government… one who was not all war and hate, unless enemies of our country forced our hand. You present a very good case for “re-education camps,” and if push comes to shove, we may have to institutionalize a “few” people. PRAY… that I am not the warden of your suite of hospitality!
jwtraveler
The future of Western Civilization does not rest on what the Alabama Supreme Court decides about gay marriage. The future of gay marriage does not even rest on what the Alabama Supreme Court decides about gay marriage. So let’s all take a few deep breaths and relax.
Dakotahgeo
@jwtraveler: THANK you!
Giancarlo85
@cccaguy: You have no proof for anything you have said. Federal laws against marijuana are enforced. Nice failed swipe at Obama… And one with little merit. By the way, if you knew anything the President isn’t the one that enforces laws… That is called the judicial branch. Go take a civics class please… Maybe you could learn something.
Dakotahgeo
@Giancarlo85: Aha! THAT would explain why they sound the same… THANK you! I don’t believe ccaca (caca) is old enough to take a class in, or understand anything about, Civics!
Giancarlo85
@Dakotahgeo: The right wingers (who I think are the same person BJ McFrisky) come on here and spouting off about how bad Obama is and how he doesn’t enforce laws blah blah blah… seems to me that BJ McFrisky has several accounts on here. They all seem to come and go.
lykeitiz
@cccaguy: If Federal pot laws aren’t being enforced, then why can’t I place a mail order from Colorado to my non-smoking state? Move along….everything’s not Obama’s fault.
Now, back to these toothless sister-f*ckers. I believe they used the same excuse (We’ve been doing it this way forever) when they didn’t want to give up their free labor, and we saw how that worked out.
southern
The chief justice’s name is Roy Moore, just to be clear.
ChanceApollo
@Giancarlo85: I believe you might need to be the one to take the civics class. The three branches of the government are as follows: legislative (congress) MAKES the laws, judicial (courts) INTERPRETS the laws and executive (president) ENFORCES the laws. That being said, I do tend to come down on the side of liberals more so than conservatives, and don’t believe that Obama is the great evil some people (on this site and otherwise) try to make him out to be. I just felt the need to set the record straight on that one point.
Daniel-Reader
The Alabama Supreme Court “justices” are elected. They give rulings to whoever pays them money. Look at the groups that wanted this “ruling” and follow the money trail. These “justices” are politicians who will sell out other people’s human rights at the drop of a hat. That is how “justice” in Alabama has always “worked” – it has been corrupt since the start for 200 years. That is why federal courts exist, because corrupt state courts are influenced by cash pay-outs. Alabama Supreme Court “justices” are bought and sold.
MacAdvisor
@Kieran: “Someone really should break the news to the Alabama Supreme Court: Alabama LOST THE WAR to secede from the United States. You are US territory, subject to US laws, whether you like it or not.”
Um, no. Alabama is a state, not a territory. It was never a territory, like Kansas or Utah. Even before the Constitution existed, Alabama was a state.
This isn’t to say the action by their Supreme Court isn’t bat-s–t crazy, it is. However, we should stick to the facts.
Dakotahgeo
This whole scenario is NOT going to go well for the anti-Marriage Equality States, no matter where they are. Best to adjust or buy stock in the Bayer Company… for a lifetime of ‘headache’ will ensue!
sectbrawn
““As it has done for approximately two centuries, Alabama law allows for ‘marriage’ between only one man and one woman,”
They also had laws making miscegenation illegal for two centuries. How well did that work out for them?
Giancarlo85
@ChanceApollo: That is a nice revisionist take on what the three branches of government does, but the President doesn’t do that. And I have taken more classes on American government than anyone would want. If you wanted to be correct you should have said the DOJ, the FBI and local police enforce the laws, but so do the courts. Why? Because they are the ones that put people on trial. The President has little to do with law enforcement. Set the record straight? On what exactly? That you are ignorant of what happens in this country?
Dakotahgeo
@Giancarlo85: Again, THANK you! These armchair political/government ‘scholars’ are good for a giggle… not much else. I taught Government classes for a number of years. What you are espousing are basics that any HS Jr. or Sr. have common knowledge of when they graduate!
Giancarlo85
@Dakotahgeo: The only legal thing the President really does is issue pardons. But the President is kept separated from enforcing laws. Why? Well one could go back in history and look up a certain President… Richard Nixon and see why.
Dakotahgeo
@wysevice27: I believe we’re being generous in calling it a “culture.” Actually, it’s more like a virus than anything else. These people are not cultured by any stretch of the imagination.
Cam
I’m getting bored by this stuff. They have shown that they do not understand the laws of the Republic.
We already fought a civil war over this sh*t and it didn’t go so well for them last time. The judges need to be charged with contempt, removed from their posts, and Alabama’s judiciary needs to be put under the charge of the U.S. Dept. of Justice for 10 years to teach them what the hell their actual job is.
wysevice27
Was anyone really surprised by this? The culture in the South – outside the liberal big cities – is very different from the rest of the country.
GG
I’d prefer less Moore.
brent6696
My advice to all you long-suffering gays who want to wed each other: move to Canada. We will let you marry, adopt kids, and live a happy, universally-funded-healthcare-healthy life.
BTW I am just teasing you…I would not want to have to move from my country just to have equal rights. I applaud all of you guys and gals who are fighting the good fight for the right to marry whomever you want. One day, and soon, your US Supreme Court will decide in favour (the Canadian/proper English spelling of the word) of gay marriage and thus, in another generation, this will all be normal. Like it is here. We have had our right to marry since 2003, which means the kid in grade 7 has only ever known that men can marry men and women can marry women. They would only know that everyone is equal…you too will get there, soon.
wysevice27
@brent6696:
Man, that came off pretty pretentious and stuck-up right there.
Giancarlo85
@wysevice27: Why? The right wingers you support prove his statement correct.
polarisfashion
But first cousin marriage can continue!
wysevice27
@polarisfashion:
First-cousin marriage is legal California, New York, Massachusetts, Vermont, Alaska, Hawaii, and several other states.
wysevice27
@Giancarlo85:
You mentioned you’re am immigrant, so I’m curious:
If America is such a shitty country – so inferior to Canada and Europe – why did you choose to come here instead of one of those other countries?
And why do you stay?
Giancarlo85
@wysevice27: Blah blah blah blah blah…
Giancarlo85
@wysevice27: I never said America is such a shitty country. California has its act together with its politics. No Libertarian dumbasses, no republicans… state seems to function better than others. You’re a vindictive nasty troll.
But yea, where did I say America was such a shitty country? Where? Point it out!
Giancarlo85
I will never get an answer. As expected.
cccaguy
@Dakotahgeo: Bush was also elected twice and I am no fan of his. I do think its important that any President follow the Constitution and to date the President has lost several cases in the Supreme Court including a 9 to 0 slap down for his unconstitutional appointments to the National Labor relations Board. I know people might not agree with my post but for their information I teach civics and law enforcement is under the executive branch not the judicial branch. The President takes an oath to faithfully execute the laws of the US. Not just the laws he likes or agrees with. What was the issue before the supreme court today. Do we follow the law as written and passed or the law as Obama wants it to be. On numerous issues, such as illegal immigration he has shown some disregard for the laws. The subsequent reference in another post to a dictator, which is a government not responsible to the people was not something I suggested rather a despot might be a more correct term. https://www.youtube.com/watch?feature=player_detailpage&v=1C2sS8BWZcQ#t=0
Dakotahgeo
@Giancarlo85: One of these days/week/months, the right wing is going to get hit in the brain with the facts so excruciatingly strong that they can no longer deny the truth. Until that happens, we must persevere their ignorance/arrogance. @cccaguy: You teach “civics.” I am impressed… not!
Giancarlo85
@cccaguy: CACAguy is back at it. The President has been upheld by the Supreme Court several times, including over ACA. The extreme right wing is back at it though and trying to get ACA overturned. I predict the Supreme Court will again uphold it.
You shouldn’t be teaching civics, as you don’t really have an adequate understanding of how government works. Law enforcement is not under the executive branch. You need to understand that. The President’s only legal power is pardons. And the Attorney General is one that is approved by the US Congress.
What is the law as written? Something you have no understand at all. By the way, what disregard has he showed? His executive orders are entirely legal. All of the immigration executive orders are actually a bit on the light side compared to prior executive orders done by prior Presidents.
You’re a seriously misguided person if you think Obama is a dictator. He’s actually a pretty weak President when it comes to executive power.
http://wonkviz.tumblr.com/post/74946590081/obama-issues-fewer-executive-orders-than-any
Benjamin Harrison issued more executive orders than Obama. And that about says it all.
Again, with all my expertise and background in governance, every single one of the executive orders regarding immigration are legal and are within the scope of his office.
You have no proof and no evidence asides some shoddy youtube video.
Dakotahgeo
@Giancarlo85: “Again, with all my expertise and background in governance, every single one of the executive orders regarding immigration are legal and are within the scope of his office.
You have no proof and no evidence asides some shoddy youtube video.”
Again… spot on the mark! THANK you!
Giancarlo85
*Something you have no understanding about at all.
At any rate, can you show me what laws Obama has violated? Start naming them specifically. I want to hear this. Also name me what laws he has disregarded. If you can’t do that, you are making things up.
polarisfashion
But first cousin marriage can continue! @wysevice27: It’s still gross dude!