Supreme Court of Alabama Delays Same-Sex Marriages 25 Days

To no one’s surprise, the Supreme Court of Alabama is doing everything it can to avoid having to comply with the the U.S. Supreme Court’s ruling mandating same-sex marriage nationwide. They’ve issued an order telling county judges not to issue any licenses to gay couples for 25 days, for a very disingenuous reason.

Alabama Chief Justice Roy Moore said the state supreme court today issued an order that effectively keeps probate judges from issuing marriage licenses to same-sex couples for 25 days.

Moore said in his view the U.S. Supreme Court ruling on Friday ending the gay marriage ban is now stalled in Alabama.

Parties have 25 days in which to contest the U.S. Supreme Court ruling before it becomes a mandate.

“In that 25-day period that (U.S. Supreme Court) order is not in effect,” Moore said. “The (Alabama Supreme Court order speaks for itself.”

Yes, technically the parties to a case (which Alabama is not) have 25 days to ask the Supreme Court for a rehearing. It never actually happens, of course. They just ruled, they aren’t going to change their mind in the next three weeks. And it’s extremely unlikely that either party will even ask for it. That’s why every virtually every other state is complying with the ruling now. But the theocratic bigots in Alabama will do anything they can even to delay justice for another few weeks.

They may also be buying some time to decide whether to get really defiant and issue an order telling judges and clerks not to comply with the decision at all, which would provoke a game of legal chicken that will end as badly for Alabama as it did the last time they tried it in the 50s and 60s. Hey guys, you know how the world thinks of George Wallace today as an arch-villain who opposed civil rights? You look like that too.

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What Are Your Thoughts?leave a comment
  • llewelly

    I guess Roy Moore thinks this is 25 days of cheap advertising?

  • JustaTech

    Is this a more or less disingenuous argument than the “our forms still say ‘male and ‘female’ and you can’t put white-out on a legal document” argument that’s already been used?

    Come on, Alabama, you can do better than this. Start having higher expectations for yourself!

  • bhrobin

    I’m in Alabama. Many probate judges are ignoring this order as they should and issuing licenses. Moore has also claimed it wasn’t an official order, as so many writ of mandamus are used for suggestions.

  • http://www.ranum.com Marcus Ranum

    Where’s General Grant when you need him?

  • Doug Little

    Look up delaying the inevitable in the dictionary.

  • samanthajoy

    I’m guessing that the Governor is using the time to consider whether or not to call a special session, to vote on SB377.

    It was introduced during this year’s legislative session, as a response to Alabama’s very brief period of court order to perform SSMs, and the intent was to get Alabama out of the marriage business altogether. The state would continue to record marriages, but not to issue licenses. It essentially makes marriage an open contract, though it continues to limit that contract to two parties only.

  • D. C. Sessions

    Hey guys, you know how the world thinks of George Wallace today as an arch-villain who opposed civil rights? You look like that too.

    And I can see their beaming smiles all the way from across the continent. Because there are few compliments greater than being put right up there with George Wallace.

    As for history? “History” also tells lies about the War of Northern Aggression, too.

  • John Pieret

    Even Moore isn’t (all the way) that crazy:

    Alabama Supreme Court Chief Justice Roy Moore is walking back previous remarks implying that a new court order will delay same-sex marriages in the state for 25 days.

    Same-sex marriage advocates had argued that the order has no tangible effects thanks to a federal injunction.

    “What the order means is that within that 25-day period no [probate judge] has to issue a marriage license to a same sex couple,” Moore said.

    In a later statement, Moore said the order only calls for motions or briefs “addressing the effect of the U.S. Supreme Court’s decision in Obergefell v. Hodges.”

    “In no way does the order instruct probate judges of this State as to whether or not they should comply with the U.S. Supreme Court’s ruling in Obergefell,” he said.

    http://thehill.com/blogs/blog-briefing-room/news/246467-alabama-chief-justice-moves-to-delay-same-sex-marriage

    Almost half the counties in the state are issuing SSM licenses:

    http://www.oanow.com/news/lee_county/article_ec4feb22-1ec9-11e5-baf9-a790f481333c.html

  • matty1

    The state would continue to record marriages, but not to issue licenses. It essentially makes marriage an open contract, though it continues to limit that contract to two parties only.

    Without reading it that doesn’t seem unreasonable, let any two consenting adults file notice with the state that they are married and remove the need for permission in advance or government recognised officiants. The only changes I would make are to reduce the risk of forced or coerced marriage by requiring the paperwork to be countersigned by a witness who is not related to or financially linked to either party and making it easy to dispute the validity of a marriage on the grounds that the consent was not valid.

  • http://www.thelosersleague.com theschwa

    The 25 day waiting period is a Democrat party invention! No church subscribes to a 25 day waiting period in their official creed! Roy Moore is a Democrat Party plant for a false flag op!

    Democrat! Racism! Obama! Democrat!

    also…

    BENGHAZI!!1

  • abb3w

    @0, Ed Brayton

    Yes, technically the parties to a case (which Alabama is not) have 25 days to ask the Supreme Court for a rehearing. It never actually happens, of course.

    At the denial of cetorari stage Boumediene v. Bush is a notable civil liberties example. Rehearings after the opinions are issued are issued, however, are rarer by far; the last example my Google-Fu turns up is Reid v Covert from 1957.

    Contrariwise, remains theoretically within the power of the court, for those in Alabama inclined to pray for miracles.

    Nohow, a rule 44 rehearing requires “the instance of a Justice who concurred in the judgment or decision”. As Kennedy seems clearly to have been writing for the benefit of history books fifty years from now, he appears astoundingly unlikely to go for it; and the other four appear even less likely to buy a ticket for such a circus.

  • bmiller

    We can expect Obama to order a nuclear attack on Montgomery any minute! Followed by ISIS paratroopers landing and destroying the sacred college football stadii! You read it here first!

    Alas! Woe is Dixie!

  • llewelly

    I guess I was wrong. Roy Moore is apparently not willing to go to prison over this.

  • wreck

    I think ol’ Roy needs a new hobby.

  • Jared James

    @13 I think your original call was bang on, Llew: this is 25 days of free advertising for Roy Moore’s re-election campaign, after he gets booted out of office, again.

  • Hoosier X

    Did you know that Democrats are the real homophobes?

    Because Civil War era Democrats probably hated homosexuals. Or something.

    The real homophobes are the homosexuals themselves! Or something.

    By the way, I hate homophobia and everyone who disagrees with me should be impeached and imprisoned.

  • whheydt

    Looking back at the Civil Rights movement, and Federal actions taken to deal with some of the more…recalcitrant…opponents. If any county in Alabama (or Texas, or anywhere else) finds itself without any officials to perform same-sex weddings, how about Obama sends in military judges and members of the chaplain corps… (Personally, I think it would be wonderful to see just to watch Klingenschmidt’s head explode.)

  • Trebuchet

    Wow! Two Egnor parodies in the thread and he hasn’t even been here yet.

  • http://Www.metalmischief.com YOB – Ye Olde Blacksmith (Social Justice Support Person)

    As the Pomeranian has not appeared, I shall endeavor to fill the void…

    Treat!? You wanna a yummy treat? SSM!? You want some yummy civil rights?

    Yap yap yap jump jump pant yap yap

  • John Pieret

    YOB – Ye Olde Blacksmith (Social Justice Support Person) :

    Doesn’t your Pomeranian occasionally pee on people? (I’ve had some bad experiences with lapdogs … including one belonging to Larry Csonka’s gay sister).

  • http://Www.metalmischief.com YOB – Ye Olde Blacksmith (Social Justice Jaegerkin)

    John Pieret

    No, no peeing. But when she gets really overstimulated, she’ll start yakking up on the carpet. Hmmm…yet another similarity to DukeDog7 (aka ThePomeranian)

  • http://drx.typepad.com Dr X

    “Doesn’t your Pomeranian occasionally pee on people? (I’ve had some bad experiences with lapdogs … including one belonging to Larry Csonka’s gay sister)”

    Hey, that dog peed on me, too!

  • arakasi

    Maybe Alabama is hoping that God will strike down Ginsberg and Kennedy in the next 25 days. Then SCOTUS will rehear the case and strike down the old ruling 4-3.

  • http://Www.metalmischief.com YOB – Ye Olde Blacksmith (Social Justice Jaegerkin)

    Larry Csonka’s gay sister)

    I’m pretty sure there’s a joke there but I’m not getting it :)

  • skinnercitycyclist

    “Larry Csonka’s gay sister”

    Pretty sure that band name has been taken…