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| Alabama judge stakes out defiant stance against same-sex marriages | Alabama judge stakes out defiant stance against same-sex marriages |
| (about 1 hour later) | |
| MOBILE, Ala. — Amid legal showdowns and high-level defiance, Alabama was buffeted by feuds over same-sex marriage Monday after courts cleared the way but some judges resisted issuing licenses to gay and lesbian couples. | MOBILE, Ala. — Amid legal showdowns and high-level defiance, Alabama was buffeted by feuds over same-sex marriage Monday after courts cleared the way but some judges resisted issuing licenses to gay and lesbian couples. |
| The discord appeared to throw Alabama — for the moment at least — into a patchwork of rules. In defiance of the federal judiciary, a majority of the state’s counties were refusing Monday to provide marriage licenses either to gay couples or any couples, according to information from lawyers, advocacy groups and officials. | The discord appeared to throw Alabama — for the moment at least — into a patchwork of rules. In defiance of the federal judiciary, a majority of the state’s counties were refusing Monday to provide marriage licenses either to gay couples or any couples, according to information from lawyers, advocacy groups and officials. |
| The opposition included either outright rejection of same-sex couples or simply closing up shop for the day — leaving some hopeful couples, including conventional ones, waiting in vain. | The opposition included either outright rejection of same-sex couples or simply closing up shop for the day — leaving some hopeful couples, including conventional ones, waiting in vain. |
| Other probate judges, however, bowed to the federal ruling and cleared the way for same-sex couples to wed. | Other probate judges, however, bowed to the federal ruling and cleared the way for same-sex couples to wed. |
| The uncertainty and upheavals follow a fast-moving chain of actions, 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. | The uncertainty and upheavals follow a fast-moving chain of actions, 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. |
| Instead, it let stand a federal court decision overturning the state’s ban on marriage for same-sex couples. | Instead, it let stand a federal court decision overturning the state’s ban on marriage for same-sex couples. |
| [The full Supreme Court document] | [The full Supreme Court document] |
| 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 states’ rights against federal rulings. | 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 states’ 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. | “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. | 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 many probate judges will continue to back the call for resistance. | It is unclear how many probate judges will continue to back the call for resistance. |
| At least a dozen counties — a mix of rural and urban — closed the door to same-sex marriage licenses on Monday, according to the Alabama Media Group. | At least a dozen counties — a mix of rural and urban — closed the door to same-sex marriage licenses on Monday, according to the Alabama Media Group. |
| In Mobile, the delay cast a pall over the crowd gathered in the lobby of the probate court. | In Mobile, the delay cast a pall over the crowd gathered in the lobby of the probate court. |
| “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. | “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. |
| In the afternoon, attorneys for the plaintiffs asked a federal judge to hold Don Davis, the probate judge in Mobile County, in contempt for failing to open the marriage license window Monday. | |
| But later in the day, U.S. District Judge Callie V.S. Granade denied the motion for contempt against Davis, signaling instead that the plaintiffs should file a lawsuit against him. | |
| The plaintiffs’ attorneys were planning to file for damages on behalf of at least six couples who were turned away from the office Monday morning. | |
| Davis did not issue a statement or openly refuse to marry the gay couples. But Hernandez, one of the plaintiffs’ attorneys, said the probate judge’s decision to leave the windows closed was tantamount to a refusal. She compared it to the stand of George Wallace, who as Alabama governor during the desegregation struggle in 1963 personally blocked the doors of the previously all-white University of Alabama to prevent black students from entering. | Davis did not issue a statement or openly refuse to marry the gay couples. But Hernandez, one of the plaintiffs’ attorneys, said the probate judge’s decision to leave the windows closed was tantamount to a refusal. She compared it to the stand of George Wallace, who as Alabama governor during the desegregation struggle in 1963 personally blocked the doors of the previously all-white University of Alabama to prevent black students from entering. |
| “It’s no different than standing in the school door,” she said. “The only difference is Don Davis is not physically standing there but he is keeping the door shut.” | “It’s no different than standing in the school door,” she said. “The only difference is Don Davis is not physically standing there but he is keeping the door shut.” |
| But Mat Staver, chairman of the Liberty Counsel, a public interest law firm representing some of the probate judges who are refusing to marry gay couples, said the comparison is not appropriate from a legal or moral standpoint. “This is a significant issue. It is a step that I think they should take,” he said. | But Mat Staver, chairman of the Liberty Counsel, a public interest law firm representing some of the probate judges who are refusing to marry gay couples, said the comparison is not appropriate from a legal or moral standpoint. “This is a significant issue. It is a step that I think they should take,” he said. |
| His organization is representing at least eight probate judges, he said, though the number keeps growing. He argues that they are acting within their rights because the probate judges are not legally obligated to follow a federal judge’s ruling and they have not been specifically compelled to issue marriage licenses. | His organization is representing at least eight probate judges, he said, though the number keeps growing. He argues that they are acting within their rights because the probate judges are not legally obligated to follow a federal judge’s ruling and they have not been specifically compelled to issue marriage licenses. |
| To the east in Baldwin County, which also held back licenses, Kim and Regina Gebauer of Daphne said they plan to wed as soon as they get a license. | To the east in Baldwin County, which also held back licenses, Kim and Regina Gebauer of Daphne said they plan to wed as soon as they get a license. |
| “We will celebrate with our friends another time,” said Kim, 51. | “We will celebrate with our friends another time,” said Kim, 51. |
| In some places, however, joyous couples celebrated Alabama joining 36 other states and the District of Columbia in allowing same-sex marriages. | In some places, however, joyous couples celebrated Alabama 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 partner Tori Sisson. They had camped out in a blue and white tent to be the first in the county given a license. | “It’s about time,” smiled Shante Wolfe, 21, as she left the courthouse in Montgomery with partner 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. | 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. | 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. | “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. | 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 it would not take up the Alabama case. | But the Supreme Court said 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. | 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. |
| [The justices’ dissenting opinion] | [The justices’ dissenting opinion] |
| In a statement, Alabama Gov. Robert Bentley said he was “disappointed that a single federal court judge disregarded the vote of the Alabama people to define marriage as between a man and woman.” | In a statement, Alabama Gov. Robert Bentley said he was “disappointed that a single federal court judge disregarded the vote of the Alabama people to define marriage as between a man and woman.” |
| He also backed the Supreme Court dissenters, saying that the ruling represents a “cavalier attitude” toward states. | He also backed the Supreme Court dissenters, saying that the ruling represents a “cavalier attitude” toward states. |
| This is not the first time that Moore, Alabama’s elected chief justice, has endorsed defying a federal judge’s order. | This is not the first time that Moore, Alabama’s elected chief justice, 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. | 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. |
| “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. | 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. | 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. |
| 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.” |
| Barnes reported from San Francisco. Brian Murphy in Washington contributed to this report. | Barnes reported from San Francisco. Brian Murphy in Washington contributed to this report. |