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U.S. Constitution
See other U.S. Constitution Articles

Title: Alabama Supreme Court Orders Judges to Stop Gay Marriages
Source: NBC News
URL Source: http://www.nbcnews.com/news/us-news ... ges-stop-gay-marriages-n316861
Published: Mar 3, 2015
Author: Miranda Leitsinger
Post Date: 2015-03-03 22:04:03 by Pridie.Nones
Keywords: None
Views: 1082
Comments: 6

The Supreme Court of Alabama ordered all the state's probate judges late Tuesday to stop issuing marriage licenses to same-sex couples, the latest salvo in a growing legal battle in Alabama over whether the decisions of federal justices trump those made by state judges.

The clash of federal rights versus state rights is also playing out nationwide as states opposed to same-sex marriage argue that federal courts can't throw out state gay marriage bans. The legal tempest comes months before the U.S. Supreme Court is expected to rule on whether or not gays and lesbians can get married nationwide.

In Alabama, a series of state and federal judges have gone back and forth over the issue, with the U.S. Supreme Court recently refusing to block a U.S. District Court judge's ruling overturning the state's gay marriage ban — a move that allowed gay nuptials to begin there on Feb. 9.

But the Alabama supreme court's decision threw the issue into question once more after a challenge was brought by the state and a county probate judge, among others. The court said Alabama wasn't bound by what it called the "new definition" of marriage, though gay marriage has "gained ascendancy in certain quarters of the country, even if one of those quarters is the federal judiciary."

"As it has done for approximately two centuries, Alabama law allows for 'marriage' between only one man and one woman," the court 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."

In its ruling, the state supreme court said all of Alabama's probate judges, including those listed as "Judge Does" in the legal filings, "are ordered to discontinue the issuance of marriage licenses to same-sex couples." The probate judges have five days to respond to the order.

The state supreme court said the to-and-fro between the federal and state courts had meant some judges were granting same-sex marriages while others weren't. Yet others weren't performing either gay or opposite-sex marriages. "... uncertainty has become the order of the day. Confusion reigns. ... There is no order or uniformity of practice."

" ... state courts may interpret the United States Constitution independently from, and even contrary to, federal courts," the justices wrote.

Lawyers who represented same-sex couples seeking the right to marry in Alabama decried the ruling.

"It is deeply unfortunate that even as nationwide marriage equality is on the horizon, the Alabama Supreme Court is determined to be on the wrong side of history," Shannon Minter, of the National Center for Lesbian Rights, said in a statement. "The Court's action displays a callous disregard for the impact of this gratuitous decision on same-sex couples and their families, but those families should take heart that this is only a stumble along the way toward equality."

At least 36 states, plus the District of Columbia, allow gay marriage.

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#1. To: All (#0)

Gay marriage, in the USA, is a state's right(s) issue. For those states that choose the acceptance of "gay marriage" it is OK by me. But some states reserve the right to deny gay marriage and that decision is their right, which makes perfect sense to me since "marriage" is classically known to be a relationship between a man and a woman.

Pridie.Nones  posted on  2015-03-03   22:10:35 ET  Reply   Trace   Private Reply  


#2. To: Pridie.Nones (#1)

But some states reserve the right to deny gay marriage

States won't have any right to refuse the full faith and credit clause once the Court has ruled marriage equality is a right.

Tooconservative  posted on  2015-03-04   3:47:11 ET  Reply   Trace   Private Reply  


#3. To: TooConservative (#2)

ruled marriage equality i

Why do you use liberal propaganda made up words?

A K A Stone  posted on  2015-03-04   6:53:02 ET  Reply   Trace   Private Reply  


#4. To: A K A Stone (#3)

Is there some preset number of times I have to post on this topic using the term "sodomy marriage" to satisfy your purity requirements?

Go bark up someone else's tree.

Tooconservative  posted on  2015-03-04   7:43:31 ET  Reply   Trace   Private Reply  


#5. To: TooConservative (#4)

Is there some preset number of times I have to post on this topic using the term "sodomy marriage" to satisfy your purity requirements?

I've never seen that phrase. So no.

I was just wondering why you used the liberal propaganda words "marriage equality".

I know you;re not for pretending homos can be married.

I was just noticing the subtle way that liberals slip propaganda and made up words into the language. When you use their made up words you further their agenda however minuscule it might be.

That is my point.

A K A Stone  posted on  2015-03-04   8:38:19 ET  Reply   Trace   Private Reply  


#6. To: A K A Stone (#5)

I was just wondering why you used the liberal propaganda words "marriage equality".

Because in legal circles and before the Court, that is the term used.

I was just noticing the subtle way that liberals slip propaganda and made up words into the language. When you use their made up words you further their agenda however minuscule it might be.

Language bias is well-known. I'm not sure what your point is, what difference you can conceive of it making out here on an obscure chat forum. LF is obviously not a hotbed of sodomy marriage advocates.

Tooconservative  posted on  2015-03-04   9:08:51 ET  Reply   Trace   Private Reply  


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