Same-Sex Marriage Still Illegal in Alabama, Says State Chief Justice
Back when the Supreme Court passed marriage equality, Roy Moore, Alabama’s chief justice, took quite the dramatic stance on the decision. When we say dramatic, we mean he compared the decision to the Nuremberg Trials and stated that marrying same-sex couples would be too immoral. “”Could I do this if I were in Nuremberg [at the war crimes trials after World War II], say that I was following the orders of the highest authority to kill Jews? … Could I say I was ordered to do so?”
We didn’t write his words off, but we didn’t put much weight on them, frankly because his comparison didn’t really make sense. Oh, and he had to back down and allow same sex couples to marry.
Yesterday, however, Moore told his state’s probate judges today to deny marriage licenses to same-sex couples because he’s still not convinced that the Obergefell v. Hodges decision applies to Alabama. Moore contends clarification is needed on whether the pro-marriage equality ruling applied to just the states of Michigan, Kentucky, Ohio, and Tennessee, where bans to marriage equality were challenged and condensed in the case.
Moore states that a direct order is needed by a court with jurisdiction over the matter of marriage in Alabama, likely the Supreme Court.
“Until further decision by the Alabama Supreme Court, the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect.”
Moore is no stranger to controversy. His ethics in office have already been challenged when he refused to remove a religious monument from a courthouse. Now, he’s taking on the federal government decisions based on his skewed vision of what laws he should and should not follow.
The Human Rights Campaign called on probate judges to ignore confusion being fomented by Moore.
“Yet again, Chief Justice Roy Moore is flagrantly defying the rule of law, and empowering those who wish to stand between same-sex couples and their constitutional right to marry the person they love,” said HRC Legal Director Sarah Warbelow. “Regardless of what Roy Moore says, marriage equality is the law of the land. His obstructionists tactics tarnish the reputation of the great state of Alabama, and we urge all of the state’s probate judges to issue licenses to same-sex couples, as is their duty under the law. Moore’s personal opinions are not at issue here. As a judge, he has an obligation to follow the law. If he refuses to do so, he should be removed from office.”
He’s like a child trying to get out of his homework by creating loopholes. Well Roy, survey says … you still get an F.
