Some Alabama Counties Still Defying Marriage Ruling

On Wednesday, the district court judge in Alabama made clear that the state of Alabama must follow the Supreme Court’s ruling in the marriage case immediately, but there are still a few counties defying that order, whether because they’re confused or just obstinate.

Yes, Alabama’s probate judges have to issue marriage licenses to same-sex couples, a federal judge in Mobile clarified on Wednesday.

But at least six counties are holding out. Probate offices in Elmore County, Tuscaloosa County, and Escambia County are not issuing the same-sex marriage licenses. And, the probate offices in Randolph County, Colbert County, and Lauderdale County are not issuing any marriage licenses.

Explaining their actions, many of these probate office officials cited Alabama Supreme Court Chief Roy Moore’s controversial claim that no probate judge has to issue a same-sex marriage license for 25 days during a rehearing period for the U.S. Supreme Court decision…

In May, U.S. District Judge Callie V.S. “Ginny” Granade ordered all 68 probate judges to issue same-sex marriage licenses after she struck down Alabama’s same-sex marriage ban four months earlier. But she delayed it pending the high court’s decision.

The temporary order took effect immediately following the U.S. Supreme Court’s decision to legalize gay marriage on June 26.

In a filing on Wednesday, civil rights organizations representing multiple same-sex couples asked Granade to clarify whether her order was immediately binding upon the high court’s decision. It was, Granade said.

I feel bad for the probate judges here. They’re stuck between a rock and a hard place, with federal courts giving them one order and the Alabama Supreme Court giving them the opposite order. The real question will be whether that Alabama high court will issue a final order saying that local officials cannot follow the federal court’s orders. If that happens, there’s a full-blown constitutional crisis. I’m not going to be at all surprised if that’s what they do.

"" I think maybe what you are getting at with your statements about the Koran ..."

Yes, the Bible Does Say to ..."
"A young man I know explained his estrangement from his father by sharing his paternal ..."

Pastor: Moore Liked Young Girls Because ..."
"We’re into the Smart justifications-Maxwell Smart, that is.Would you believe he chased teenage girls because ..."

Pastor: Moore Liked Young Girls Because ..."
"Studying her linguistic patterns, I think Crokin tipped her hand on this one. She said ..."

Crokin: Hillary Clinton Sex Tape Will ..."

Browse Our Archives

Follow Us!


What Are Your Thoughts?leave a comment
  • http://en.uncyclopedia.co/wiki/User:Modusoperandi Modusoperandi

    Explaining their actions, many of these probate office officials cited Alabama Supreme Court Chief Roy Moore’s controversial claim that no probate judge has to issue a same-sex marriage license for 25 days during a rehearing period for the U.S. Supreme Court decision.

    At least someone is willing to keep my Traditional Marriage safe, if only for 25 more days. The wife and I have stocked up our bunker, for the chaos that will happen after that. Plus, we barred the door, to keep the homos at bay when they come knocking at our door, demanding we turn our Traditional Marriage License over to them to defile with sodomy.

  • whheydt

    I’m waiting for a challenge to the probate judges that aren’t issuing any marriage licenses at all. the “may” in the law might not be interpreted by a Federal judge the same way the probate judges are reading it. Perhaps Mr. Pieret would care to comment on this point…

  • D. C. Sessions

    I’m waiting for a challenge to the probate judges that aren’t issuing any marriage licenses at all.

    More power to them. I want them to hold firm and keep doing just as they have — because they’re making the general electorate suffer for their values and that’s a problem that the Courts don’t need to solve.

  • regexp

    Those not giving out -any- marriage licenses may be on firmer ground. Alabama law doesn’t require probate judges to hand out marriage licenses at all. It just says they “may” issue them.

  • theDukedog7 .

    The county clerks aren’t issuing gay “marriage” licenses because they’re still laughing too hard.

    They figure “justice” Kennedy was just joking. Nobody seriously believes that the 14th Amendment redefines marriage to include (quasi-)monogamous sodomy.

  • marcus

    “I feel bad for the probate judges here.”

    I don’t. Fuck ’em. They’re just stalling and I hope they are fined appropriately (a lot). They have no excuse, the law is clear and they are judges ffs!

  • Rowan vet-tech

    Doggie, the constitution doesn’t define marriage as anything.

    The constitution makes NO MENTION of marriage anywhere.

    Therefore, you are an idiot.

  • http://en.uncyclopedia.co/wiki/User:Modusoperandi Modusoperandi

    I’m with theDukedog7. The 14th Amendment was never intended to protect so-called “gay” so-called “marriage”. It was intended to protect former slaves. And also marriage.

  • marcus

    Oh, and fuck you too Dumbassdog. You’ve got nothing to chortle about you bigoted dickhead, you, and those who believe as you do, lost. That’s forever. This is just a temporary inconvenience.

    Enjoy your little game for now asshole, justice will soon prevail.

  • Erp

    I’m waiting for a challenge to the probate judges that aren’t issuing any marriage licenses at all. the “may” in the law might not be interpreted by a Federal judge the same way the probate judges are reading it. Perhaps Mr. Pieret would care to comment on this point…

    I suspect the probate judges are on fairly safe legal ground here because of the “may” since the interpretation of that probably ends with the Alabama Supreme Court. The Federal courts won’t intervene unless they do issue licenses but then discriminate against same-sex couples (or interracial couples). However pressure will come from the all local residents who want to get married and don’t want to go to the next county to get the license.

  • Hercules Grytpype-Thynne

    @5:

    Marriage has included quasi-monogamous sodomy for a very long time.

  • whheydt

    Re; rexexp @ #4…

    That’s the issue. Will the Federal courts interpret the language the same way that these people are? I wouldn’t want to bet anything on it either way.

    Re: marcus @ #6…

    While “judge” is part of the title, these guys are really just (elected) county clerks. So far as I can tell, they aren’t “judges” in the normally accepted meaning of that word. I haven’t seen anything that would suggest that knowledge of law (let alone a license to practice it) is a job requirement. It’s just “title inflation”.

    Re: tDD7 @ #5…

    The laughing will stop when they find themselves facing Judge Granade to explain themselves on a “show cause” order. On the other hand, some of us will think it is absolutely hilarious when they tie themselves in knots trying to explain why they shouldn’t be sanctioned for disobeying a Federal court order.

  • John Pieret

    “Nobody seriously believes that the 14th Amendment redefines marriage to include (quasi-)monogamous sodomy.”

    They will when the Federal Marshals show up to serve the contempt citatios.

  • D. C. Sessions

    Mr. Pieret, doesn’t that call for a Monty Python reference?

  • marcus

    whheydt @ 12 Thanks. I let my annoyance overrun knowledge.

  • John Pieret

    “Mr. Pieret, doesn’t that call for a Monty Python reference?”

    Nobody expects the Federal Marshals?

    The only caveat is that any of the hold outs with a mental capacity upwards of 5yo should expect the Federal Marshals …

  • Die Anyway

    Damn! I’m not sure how much more popcorn and champagne I can hold.

  • StevoR

    I wonder how much longer these klowns* and the likes of our commenting pile of dog feces are going to keep on throwing their tantrum and pouting and being all butthurt over a decision where love has won and our world is happier and better for having equal marriage legally accepted?

    * ‘K’ added for clarity to avoid confusion with clowns that are actually funny.

  • whheydt

    Re: StevoR @ #18….

    I suspect that the local officials (“Probate Judges”) know they’re fighting a losing (actually, lost) battle. They’re just trying to hold out as long as they can. At this point, they have a flimsy excuse for not granting licenses to same-sex couples for another 17 days in hopes that a motion for reconsideration will be filed and accepted. While they are holding onto that broken reed, they still have to contend with a not particularly amused Federal judge near them who might haul them into court at any time on a “show cause” order. Not an enviable situation.

    The ones refusing to issue licenses to anyone have the possibility avoiding the wrath of Judge Granade…maybe. They will still have to deal with upset local voters. So they might be in a “damned if you do, damned if you don’t position”. Their choice will be between perhaps being sanctioned by a Federal judge or losing their next election. Decisions, decisions….

    There is a third possibility (depending how exactly Alabama law works). That is that the state judicial oversight commission showed a backbone once and tossed Moore out on his ear. With any kind of luck they’ll do it again and then–if the “probate judges” fall under their jurisdiction–go some of them as well.