The Alabama Supreme Court late today (Tuesday, March 3) ordered all of the state’s probate judges to stop issuing marriage licenses to same-sex couples, in defiance of orders from a federal district court judge overturning the Alabama same-sex marriage ban, and a decision by the U.S. Supreme Court refusing to block the district judge’s order.
The Alabama Supreme Court is headed up by right-wing Chief Jerk… uh, Chief Justice Roy Moore, who has fought marriage equality tooth and nail. He has told probate judges they didn’t have to follow the federal court rulings, and last month told Fox News he has a moral responsibility to defy the U.S. Supreme Court if the court violates “God’s organic law” by ruling in favor of marriage equality.
The state’s highest court said Alabama wasn’t bound by this “new definition” of marriage, though marriage equality has “gained ascendancy in certain quarters of the country,” including the federal judiciary.
The supreme court’s ruling said: “As it has done for approximately two centuries, Alabama law allows for ‘marriage’ between only one man and one woman. 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 court also said, “ … state courts may interpret the United States Constitution independently from, and even contrary to, federal courts.”
Probate judges have five days to respond to the order.
Lawyers who represented same-sex couples seeking the right to marry in Alabama decried the ruling.
Shannon Minter with the National Center for Lesbian Rights, one of the organizations representing same-sex couples fighting for marriage equality in Alabama, called the ruling “deeply unfortunate” that “the Alabama Supreme Court is determined to be on the wrong side of history.”