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Alabama judge stakes out defiant stance against same-sex marriages Alabama judge stakes out defiant stance against same-sex marriages
(35 minutes later)
MOBILE, Ala. — Legal showdowns deepened in Alabama on Monday over rulings clearing the way for same-sex marriage as the state’s defiant chief judge ordered officials to deny licenses to gay and lesbian couples. MOBILE, Ala. — Legal showdowns deepened in Alabama on Monday over rulings clearing the way for same-sex marriage, as some judges joined in a defiant stance against issuing licenses to gay and lesbian couples.
The move appeared to throw Alabama into a patchwork of rules with some probate judges standing firm to oppose the federal court’s green light for same-sex marriage in the state and others consenting to issue licenses. The move appeared to throw Alabama — for the moment at least — into a patchwork of rules, with at least eight of the state’s 67 counties blocking licenses.
The uncertainty and upheavals follow a fast-moving chain of rulings capped by the U.S. Supreme Court deciding not to step in and effectively freeze regulations in Alabama to temporarily block same-sex marriages. The opposition included either outright denial or simply closing up shop for the day — leaving some hopeful couples waiting in vain.
Just hours before the Supreme Court’s decision, Alabama’s chief justice already drew up lines of resistance in a battle that, at its heart, pits state rights against federal rulings. Other probate judges, however, bowed to the federal ruling and cleared the way for same-sex couples to wed.
“History is repeating itself,” said Christine Hernandez, attorney for one of the couples who challenged the state’s gay marriage ban, referring to the state’s role in resisting the racial integration of schools. The uncertainty and upheavals follow a fast-moving chain of rulings, capped by the refusal Monday of the U.S. Supreme Court to step in. The high court could have effectively frozen regulations in Alabama to temporarily block same-sex marriages.
A letter late Sunday from Chief Justice Roy Moore advised probate judges – the county officials tasked with issuing marriage licenses — to follow state law rather than the ruling of a federal judge, who struck down the state’s ban on same-sex marriage. Instead, it let stand a federal circuit court decision overturning the state’s ban on marriage for same-sex couples.
Just hours before the Supreme Court’s decision, Alabama’s chief justice had already drawn up lines of resistance in a battle that, at its heart, pits state’s rights against federal rulings.
“History is repeating itself,” said Christine Hernandez, attorney for one of the couples who challenged Alabama’s gay marriage ban, referring to the state’s role in resisting the racial integration of schools.
A letter late Sunday from Chief Justice Roy Moore advised probate judges — the county officials tasked with issuing marriage licenses — to follow state law rather than the ruling of a federal judge, who struck down Alabama’s ban on same-sex marriage.
Those who violate his order would face a reprimand by the governor, Moore wrote in his letter.Those who violate his order would face a reprimand by the governor, Moore wrote in his letter.
“Effective immediately, no probate judge of the state of Alabama nor any agent or employee of any Alabama Probate Judge shall issue or recognize a marriage license that is inconsistent” with a constitutional amendment and a state law banning same-sex unions, Moore wrote.“Effective immediately, no probate judge of the state of Alabama nor any agent or employee of any Alabama Probate Judge shall issue or recognize a marriage license that is inconsistent” with a constitutional amendment and a state law banning same-sex unions, Moore wrote.
It is unclear how much weight the order will carry with the state’s 68 probate judges. It is unclear how many probate judges will back the call for resistance. At least eight counties — a mix of rural and urban — appeared to close the door to same-sex marriage licenses on Monday.
A number of them had already indicated they would grant licenses to same-sex couples, despite a letter from Moore last week suggesting that they did not have to comply if they so chose. “We’re disgusted with it, but we’re dealing with it,” said Jim Strawser, 51, who with his partner John Humphrey had mounted the successful challenge against Alabama’s ban on same-sex marriage.
Sunday’s letter adds another measure of uncertainty to what was expected to be a day marked with upheaval – but also joy — in Alabama, which joins 36 states and the District that already allow gay couples to legally marry. In some places, however, joyous couples celebrated Alabama’s joining 36 other states and the District of Columbia in allowing same-sex marriages.
“It’s about time,” smiled Shante Wolfe, 21, as she left the courthouse in Montgomery with wife Tori Sisson. They had camped out in a blue and white tent to be the first in the county given a license.
Legal challenges to the defiance were quickly in motion.
Susan Watson, executive director of the American Civil Liberties Union of Alabama, told the Associated Press that the probate judges could risk lawsuits for refusing.
“I would really think long and hard before defying a federal court order,” Watson said.
And to further cloud the situation: the Alabama attorney general apparently moved to the sidelines, saying he cannot order the probate judges to act in unison.
Last month, a federal judge struck down a constitutional amendment and law that banned same-sex unions in Alabama. The judge put her ruling on hold until Monday, giving the U.S. Supreme Court time to intervene.Last month, a federal judge struck down a constitutional amendment and law that banned same-sex unions in Alabama. The judge put her ruling on hold until Monday, giving the U.S. Supreme Court time to intervene.
But the Supreme Court said Monday it won’t step in with the Alabama case. Two dissenting justices complained about the court’s “indecorous” action, saying it seemed an attempt to decide the constitutional issue before the high court hears arguments later this term. But the Supreme Court said Monday it would not take up the Alabama case.
Two dissenting justices complained about the court’s “indecorous” action, saying it seemed an attempt to decide the constitutional issue before the high court hears arguments later this term.
The court’s action in allowing the marriages to begin is in keeping with its recent actions, but at odds with its traditions, Justices Clarence Thomas and Antonin Scalia said in a dissent. The U.S. Supreme Court later this year will consider whether same-sex marriage bans violate the U.S. Constitution.The court’s action in allowing the marriages to begin is in keeping with its recent actions, but at odds with its traditions, Justices Clarence Thomas and Antonin Scalia said in a dissent. The U.S. Supreme Court later this year will consider whether same-sex marriage bans violate the U.S. Constitution.
In Alabama, probate offices around the state were groping over how to proceed. Three probate judges have said they will not issue licenses to any couples, gay or straight, said Alberto Lammers, a spokesman for the National Center for Lesbian Rights. This is not the first time that Moore, Alabama’s elected chief justice, has endorsed defying a federal judge’s order.
In Mobile, at least eight couples waited at the probate court, but at 8:20 a.m. the windows remained closed as attorneys met with officials behind closed doors. He is best known for refusing to remove a monument of the Ten Commandments from the state Supreme Court’s building in 2003 in defiance of a federal judge’s ruling. He was removed from office for his actions, but he was reelected to the post three years ago.
Still, attorney Christine Hernandez, who represents one of the couples who challenged the ruling, reassured the crowd.
“It looks like it’s going to happen,” she reported. “We’ve got a Supreme Court ruling.”
This is not the first time Moore has endorsed defying a federal judge’s order. He is best known for refusing to remove a monument of the Ten Commandments from the state Supreme Court’s building in 2003 in defiance of a federal judge’s ruling. He was removed from office for his actions, but he was reelected to the post three years ago.
Gay rights groups were expecting a festive rather than confrontational atmosphere on Monday, with hundreds of couples likely to obtain marriage licenses.Gay rights groups were expecting a festive rather than confrontational atmosphere on Monday, with hundreds of couples likely to obtain marriage licenses.
In Birmingham, officiants will be on hand outside the courthouse to marry couples on the spot. A mass reception planned in Huntsville has drawn 800 RSVPs, said Amanda Snipes, campaign manager for Southerners for the Freedom to Marry.In Birmingham, officiants will be on hand outside the courthouse to marry couples on the spot. A mass reception planned in Huntsville has drawn 800 RSVPs, said Amanda Snipes, campaign manager for Southerners for the Freedom to Marry.
The groups have been trying to steer couples to the probate judges who had indicated they would issue the licenses despite Moore’s first order. “People are hungry for freedom and love and committed couples taking responsibility for each other, and they just want to come together and celebrate,” Snipes said.
“People are hungry for freedom and love and committed couples taking responsibility for each other and they just want to come together and celebrate,” Snipes said. Alabama’s request for a stay is different from the others. The U.S. Court of Appeals for the 11th Circuit, which covers Florida, Alabama and Georgia, denied the stays even though the appeals court has not considered the merits of district judges’ decisions striking the bans in Florida and Alabama. When the Supreme Court agreed to let gay marriages proceed in Florida, it had not agreed to take the cases from other states and decide the constitutional questions.
Alabama’s request for a stay different is from the others. The U.S. Court of Appeals for the 11th Circuit, which covers Florida, Alabama and Georgia, denied the stays even though the appeals court has not considered the merits of district judge decisions striking the bans in Florida and Alabama. When the Supreme Court agreed to let gay marriages proceed in Florida, it had not agreed to take the cases from other states and decide the constitutional questions.
Thomas said that in “respectfully” dissenting from the decision denying the stay, “I would have shown the people of Alabama the respect they deserve and preserved the status quo while the court resolves this important constitutional question.”Thomas said that in “respectfully” dissenting from the decision denying the stay, “I would have shown the people of Alabama the respect they deserve and preserved the status quo while the court resolves this important constitutional question.”
Brian Murphy in Washington contributed to this report.Brian Murphy in Washington contributed to this report.