UPDATE
NY Times - Amid conflicting signals from federal courts and the chief justice of Alabama’s Supreme Court, some Alabama counties began granting marriage licenses to same-sex couples on Monday in a legal showdown with echoes of the battles over desegregation in the 1960s.
In major county seats like Birmingham, Montgomery and Huntsville, same-sex couples lined up outside courthouses as they opened and emerged smiling after being wed.
At the Jefferson County Courthouse here, Judge Michael G. Graffeo of Circuit Court officiated, at times tearfully, at the civil wedding of Dinah McCaryer and Olanda Smith, the first to emerge from the crowd of same-sex couples on Monday morning. “I now pronounce Olanda and Dinah are married spouses, entitled to all rights and privileges, as well as all responsibilities, afforded and placed upon them by the State of Alabama,” Judge Graffeo said.
EARLIER
Huffington Post - The U.S. Supreme Court refused to halt same-sex marriages in Alabama, paving the way for the first gay couples to marry in the state on Monday.
In January, Alabama Attorney General Luther Strange had asked a judge to put a stay on the ruling that overturned the state's ban on gay marriage. Roy Moore, chief justice of the Alabama Supreme Court, sent an order to state probate judges Sunday night telling them not to issue marriage licenses to gay couples, according to the AP.
The Supreme Court justices ruled 7-2 Monday morning that same-sex weddings could start in Alabama, making it the 37th state where gay marriage is allowed.
Al.Com - Alabama Chief Justice Roy Moore late Sunday ordered all probate judges and employees in Alabama to follow existing state law and not issue marriage licenses to same-sex couples or recognize same-sex marriages.
Couples across the state are preparing to wed Monday morning, when a stay on same-sex marriages is set to be lifted.
On Jan. 23, U.S. District Judge Callie V.S. "Ginny" Granade ruled the state's constitutional ban on same-sex marriage and recognition of same-sex marriages entered in other states was unconstitutional. She issued a stay, putting her ruling on hold until Feb. 9.
Since then, Moore has asserted several times probate judges who issued marriage licenses to same-sex couples would be doing so in defiance of state law.
In his order issued Sunday night, Moore wrote that if any probate judge defies the order, Governor Robert Bentley would have the responsibility of ensuring that state law is "faithfully executed."
He has also said that the judges are not bound by the orders issued in that case, Searcy v. Strange. Instead, he said, probate judges fall under the direct supervision and authority of the chief justice.
He contends that the district court that issued a ruling striking down the state's same-sex marriage ban has not issued an order directed to probate judges, who are not bound by the opinions of that court.
A spokeswoman for Bentley said he did not know about Moore's letter and did not have an immediate comment Sunday evening.
Jefferson County Probate Judge Alan King said: "My inclination at this point is to follow Judge Granade's order. But a final decision will be made before 8 a.m."
"I only found out Justice Moore had issued his order a little before 10 p.m. At first glance, my legal analysis is do we in Jefferson County follow a valid federal court order or do we follow an order by one member, albeit the chief justice, of the Alabama Supreme Court?"
An attorney for plaintiffs Cari Searcy and Kim McKeand, the couple at the center of the ruling ending the ban, called Moore's order a "George Wallace move," adding that he cannot think of a more direct act of defiance off the federal government since the former governor's famous stand in the schoolhouse door.
"I think it's absolutely stunning that our state's highest jurists would just advocate for ignoring a federal court order. Judge Granade's order is law of the land. It's not up for debate," attorney David Kennedy said. "It's alarming."
Beyond the confrontation with the federal judiciary, Kennedy said he does not believe the chief justice of the state Supreme Court has the authority under state law to issue such orders to probate court judges. "That's not how our judicial system works," he said.
Kennedy said gay couples turned away by probate judges Monday would have to seek relief in the federal district where the probate judge is located. He said he would take appropriate action if the probate judge in Mobile County, Don Davis, follows Moore's order and refuses to accept Searcy's second-parent adoption petition - the issue that prompted the lawsuit in the first place.
"Who knows what tomorrow or next day will bring," he said. "We will be there tomorrow morning filing our ladies' adoption petition."
Susan Watson, executive director of the American Civil Liberties Union, told The Associated Press she doubted probate judges would defy a federal judge on Moore's behalf. She accused the chief justice of grandstanding.
Randall Marshall, attorney for ACLU of Alabama, called the order "a last minute gasp."
"I am not aware of anything that gives him the authority to tell probate judges what to do ... If he had that authority he would have claimed it much earlier than now," Marshall said.
"This is a pathetic, last-ditch attempt at judicial fiat by an Alabama Supreme Court justice--a man who should respect the rule of law rather than advance his personal beliefs," said Human Rights Campaign Legal Director Sarah Warbelow.
"Absent further action by the U.S. Supreme Court, the federal ruling striking down Alabama's marriage ban ought to be fully enforced, and couples that have been waiting decades to access equal marriage under the law should not have to wait a single day longer. All probate judges should issue licenses tomorrow morning, and Chief Justice Roy Moore ought to be sanctioned."
Richard Cohen, president of the Southern Poverty Law Center, said:
"The Court of Appeals and, so far, the Supreme Court of the United States has seen fit not to continue the stay. But, instead of respecting these rulings, the Chief Justice has decided to create a crisis in our state but telling the probate judges to ignore the ruling of the district court and threatening them with unspecified gubernatorial action. It's outrageous. We urge the probate judges to follow the Constitution of the United States and issue marriage licenses when their offices open in the morning."
Probate judges across the state have reacted differently to the ruling - some intend to cease the issuance of marriage licenses altogether, others to refuse licenses to same-sex couples and others to issue license to any couple.
That creates "confusion and disarray in the administration of the law," Moore wrote, and the new marriage license forms issued by the Alabama Department of Public Health have created further inconsistency.
Other cases pending in the middle and northern districts could result in conflicting orders and cause even more confusion, he says.
Moore cites his power as Administrative Head of the Alabama Judicial System, which allows him to "take affirmative and appropriate action to correct or alleviate any condition or situation adversely affecting the administration of justice" in the state.
The document was disseminated by Rich Hobson, the state's administrative director of courts, to probate judges and their employees.
Same-sex marriages are inconsistent with Article 1, Section 36.03 of the Alabama Constitution, Moore says in the order. The "Sanctity of Marriage Amendment" defines marriage as a "sacred covenant" between a man and a woman and notes that the state will not recognize as valid any marriage between parties of the same sex.
On Feb. 3, Moore wrote an advisory letter and memorandum to the state's probate judges saying that they are not required to issue marriage licenses to same-sex couples. In that letter, he asserted that state courts are not bound by federal district courts or federal appeals courts on questions of federal constitutional law.
Read the letter from Chief Justice Moore to Gov. Robert Bentley
In a 27-page memorandum to probate judges, Moore wrote that marriage licenses for same-sex couples are illegal under Alabama law.
Read Chief Justice Moore's Feb. 3 memorandum to probate judges
The Southern Poverty Law Center filed a complaint against Moore with the Judicial Inquiry Commission about the letter he wrote to Bentley, saying that it violated a prohibition against judges making public comments about cases.
Moore said he was not making public comments but was instead acting as the top official in the court system and providing guidance to the probate judges.
AL.com's Kent Faulk, Brendan Kirby, Madison Underwood and the Associated Press contributed to this report.
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Newest | Oldest Crimson Pride Crimson Pride 3 minutes ago
Just another fun day in Alabama FlagShare 1Marty MartinLikeReply jbh61 jbh61 5 minutes ago
Thanks judge Moore for carrying out what 81% of Alabama voters voted for. FlagShare 1Crimson PrideLikeReply Marty Martin Marty Martin 2 minutes ago
@jbh61 - Gay rights are Civil rights - and Civil rights should NEVER be placed on ballots! -- or else Women and Minorities would have NEVER been allowed to vote.
Of course, that would be OK today for some Republicans. FlagShare 1Kurt FrieseLikeReply Kurt Friese Kurt Friese 1 minute ago
When do we all get to vote on who YOU can and cannot marry? FlagShare LikeReply Jake Salinas Jake Salinas 9 minutes ago
This is going to be deja vu again like 10 years ago. The Alabama Court of the Judiciary is going to remove Roy Moore, the "Chief Justice", for violating judicial ethics and ignoring a federal court's order. Same sh*t, different day.
Oh and the US Supreme Court just denied Alabama's request to block same sex marriage. I won't miss you Roy Moore FlagShare 1Marty MartinLikeReply Hay mas chorizo Hay mas chorizo 9 minutes ago
I knew Moore would lose. He trims the corners of his beard. FlagShare 2Marty MartinKurt FrieseLikeReply supayoda supayoda 26 minutes ago
I'm hearing a lot of folks plan to go to the courthouses today and pass out "wedding" cupcakes to new couples to congratulate them. I think I might do this.
Bonus: Cake. FlagShare 1Marty MartinLikeReply charlierat charlierat 42 minutes ago
Judge Moore's memorandum relies entirely on a series of cases that hold that federal district and circuit court cases do not create legal precedent that is binding on state courts. This legal argument does not apply to the instant case. We are not talking about legal precedent to be followed in future court cases; we are talking about a direct Order from a Federal Judge - big difference. FlagShare 2Marty MartinKurt FrieseLikeReply The Hajj The Hajj 44 minutes ago
Come hell or high water, Alabama will be dragged into the 21st century whether it likes it or not. Hopefully Roy will get removed from the bench and actually disbarred this time, insha'Allah. FlagShare 2Marty MartinJohn R CostelloLikeReply Bud Clark Bud Clark 53 minutes ago
BREAKING: Supreme Court DENIES Stay Extension On Alabama Marriages FlagShare 4Marty Martin5pointsJoeRee Gustinmitchw7959LikeReply 5pointsJoe 5pointsJoe 36 minutes ago
@Bud Clark
The U.S. Supreme Court on Monday declined to block a court order requiring Alabama to license same-sex marriages.
http://www.nbcnews.com/news/us-news/supreme-court-declines-block-gay-marriage-alabama-n302786 Roy Moore's judicial gown just got taken away -- he stands alone, jilted at his own alter. FlagShare 2Marty MartinJohn R CostelloLikeReply Mark Stout Mark Stout 1 hour ago
This judge made a public statement a couple of weeks ago saying that he is not at peace with his sexuality, rejects Christ's command in the Gospel of Matthew to love others, and that he does not have the courage to live within the Equal Protection clause of the U.S. Constitution; what is he still doing in the United States? Also, he does not have the authority to violate the law. FlagShare 3Marty MartinBud ClarktigermeatLikeReply Marty Martin Marty Martin just now
@Mark Stout - Perhaps Moore would be happier living in a theocracy, such as IraN? FlagShare LikeReply tigermeat tigermeat 1 hour ago
How did Pastor /Judge Roy Mooreon get enough votes to win? Another black eye for Alabama. They should throw him in jail and not issue soap on a rope. FlagShare 4Marty MartinJohn R CostellogungadanBud ClarkLikeReply Auburn Fan Auburn Fan 1 hour ago
Fox6 just reported that Jefferson County will issue same sex marriage licenses.!!!!! Tuscaloosa folks, come to Bham!!! FlagShare 3Marty MartincharlieratmadameovaryLikeReply Kurt Friese Kurt Friese 1 hour ago
"This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding." - The Constitution of the United States, Article VI, clause 2
Game over. FlagShare 679bamagradBud ClarkcharlierattigermeatLikeReply nicknitro nicknitro 1 hour ago
@Kurt Friese The funny part is Roy Moore and Strange are going to waste thousands of tax payer dollars (in a state that is already facing financial strains) to reach a conclusion any one who paid attention in American Government 100 already knows. FlagShare 2Bud ClarkmadameovaryLikeReply Kurt Friese Kurt Friese 1 hour ago
Yeah but that's more funny-peculiar than funny-ha-ha. FlagShare LikeReply nicknitro nicknitro 19 minutes ago
@Kurt Friese At this point all you can do is laugh as these people ignore the Constitution they vehemently uphold during election seasons. FlagShare LikeReply drumdad drumdad 1 hour ago
Has anyone besides me noticed that the same critical statements about Roy Moore would apply just as well to Federal Judge Granade? The issue needs to be decided but not by one judge either way. FlagShare LikeReply Auburn Fan Auburn Fan 1 hour ago
@drumdad The BIG difference is that Judge Grande is a federal judge and federal law trumps state law according to the US Constitution. FlagShare 1madameovaryLikeReply drumdad drumdad 1 hour ago
Maybe so but one judge should not be able to redefine law as is being done in this case. FlagShare LikeReply Timothy Murphy Timothy Murphy 1 hour ago
@drumdad its been done by many judges (not just this one). all for the same reason.. "will of the people" amendments banning SSM are clear violations of the 14th Amenedments 'Equal protection under the law" statute. and are therefore null and void. If the SCOTUS declines to hear an appeal of a case. Or as applies here, refuses to extend the stay on the ruling, then they have in fact ruled in favor of the original ruling. Case closed. FlagShare 1Bud ClarkLikeReply Bud Clark Bud Clark 51 minutes ago
@drumdad : BREAKING: Supreme Court DENIES Stay Extension On Alabama Marriages FlagShare LikeReply charlierat charlierat 11 minutes ago
@drumdad If it makes you feel any better, both the 11th Circuit Court of Appeals and the US Supreme Court have weighed in on the side of the Federal Judge, at least insofar as they have both issued rulings denying applications for a stay. FlagShare LikeReply Auburn Fan Auburn Fan 1 hour ago
Fox6 just reported that the Tuscaloosa Probate judge will not issue licenses to same-sex couples because of order from Roy Moore!! FlagShare LikeReply
This comment has been deleted bama1029 bama1029 1 hour ago
You just lost all of the remaining credibility you had, if any at all. FlagShare LikeReply Jake Salinas Jake Salinas 1 hour ago
@bama1029 A person who makes statements like that without backing it off are usually the one without credibility FlagShare LikeReply Crimson Pride Crimson Pride 1 hour ago
I have wrestled with thie idea of same sex MARRIGE and have been very outspoken about my view. I consider myself christain with a very strong faith. While I do not support same sex marriage I have tried my best to look at the entire picture . There are so many biblical verses about heterosexual MARRIGE and I can't find any to support any other. However I find my comfort as always in the bible because it holds the key to every situation . When our lord Jesus was faced with religious and Goverment issues he said " Give on to Cesar what is Cesar's and give on to God what is Gods." So in my opinion if the Goverment wants to support and condone same sex marriage let them . But in noway does that mean it should be accepted in a christain church . FlagShare 4geauxpelicans5Bud ClarkRavenBarnescharlessteveLikeReply charlessteve charlessteve 1 hour ago
@Crimson Pride
There you go. FlagShare LikeReply bama1029 bama1029 1 hour ago
Read more. You missed a few hundred verses. FlagShare LikeReply RavenBarnes RavenBarnes 1 hour ago
@Crimson Pride I agree with you, and insofar as the separation of Church and State the government can say that lgbt people can be issued the licenses, but it would be up to individual "Christian Congregations to voluntarily marry them in the Church, which means that the State of Alabama would be forced to allow any "civil unions" at the Court House, and anyone not willing to perform those civil unions would have to go, or, on the other hand just hire someone whose personal faith does not prelude him/her from performing such marriages, and then the performing such marriages in so called Christian Churches would be up to the individual church, and I'm sure that there are churches out there that will perform such unions since I know some pastors who, themselves go both ways, and yes, I refuse to attend their congregations. FlagShare 1Bud ClarkLikeReply RavenBarnes RavenBarnes 1 hour ago
@Crimson Pride typo "preclude" FlagShare LikeReply Crimson Pride Crimson Pride 31 minutes ago
Sir I do not consider gay marriage as a christain marriage . In fact just the opposite however if the Goverment wants to endorse it then it's a goverment marriage . Nothing Christain about it . FlagShare LikeReply Kurt Friese Kurt Friese 30 minutes ago
Doesn't matter. No one is trying to change Christianity, only an unconstitutional law. FlagShare LikeReply RavenBarnes RavenBarnes just now
@Crimson Pride A marriage performed at the Court House is a civil marriage, and there is nothing christian about it. FlagShare LikeReply Mark Stout Mark Stout 57 minutes ago
@Crimson Pride Acceptance of marriage equality is in fact a requirement of being a Christian. Marriage equality was part of the Apostolic church from the crucifixion until the time of Constantine. You are asking for the rules of Caesar and the Roman gods to be accepted as part of "Christianity"; to do this, you have to reject the commands of Christ in the Gospel of St. Matthew. What you are asking for is a "Christianity" without Christ, and you will only get labelled as a wicked person like the judge. FlagShare LikeReply Crimson Pride Crimson Pride 47 minutes ago
As a christain I don't view them as married FlagShare 1geauxpelicans5LikeReply Grand Poobah Grand Poobah 46 minutes ago
@Crimson Pride And? FlagShare LikeReply 79bamagrad 79bamagrad 43 minutes ago
@Crimson Pride What the heck is a christain? FlagShare LikeReply 79bamagrad 79bamagrad 48 minutes ago
@Crimson Pride I would think a Christian would know how to spell Christian. FlagShare LikeReply Crimson Pride Crimson Pride 44 minutes ago
As a christain I don't except gay MARRIGE , I feel it's wrong in every respect . If the Goverment chooses to then it's on them FlagShare 1geauxpelicans5LikeReply 79bamagrad 79bamagrad 42 minutes ago
@Crimson Pride It's accept, not except. I doubt gays care what an illiterate christain (whatever that is) thinks of them. FlagShare LikeReply Haterade Haterade 1 hour ago
So does gay sex now consummate a marriage? If so, does it apply to heterosexual couples also. You can get a marriage legally anulled in AL if its not consummated FlagShare LikeReply charlessteve charlessteve 1 hour ago
@Haterade
What's your point? FlagShare 2Bud ClarkRavenBarnesLikeReply 79bamagrad 79bamagrad 40 minutes ago
@charlessteve @Haterade He wants to know if he got married many times without realizing it. FlagShare LikeReply charlessteve charlessteve 11 minutes ago
@79bamagrad @charlessteve @Haterade
Ah. One of those. FlagShare LikeReply Jake Salinas Jake Salinas 1 hour ago
Okay so let me get this straight. This Roy Moore guy just ordered the Probate Judges to enforce the laws of Alabama that has been declared null and void by a federal court? What law school did this guy graduate from? Has he not heard of the Supremacy clause that federal laws trump state laws? And the Alabama Supreme Court has 9 members, and it works on a majority basis, and this guy just issues an order unilaterally. Wow! The Alabama Court of the Judiciary needs to remove him from office again just like they did 10 years ago when he refused to follow a federal judge's order to remove the 10 commandments. When will this "judge" learn? FlagShare 4Bud ClarkmadameovaryBumpsyRee GustinLikeReply bama1029 bama1029 1 hour ago
Read his memorandum and get the facts about it. Then we'll see how you feel. FlagShare LikeReply Jake Salinas Jake Salinas 1 hour ago
@bama1029 I did. It just said. His memo just basically said, We must stop judicial "tyranny" and protect God's definition of marriage. The Roy Moore guy doesn't appear to have a functioning brain cell since he hasn't heard that the constitutional doctrine of separation of church and state FlagShare 2Bud ClarkwhyrwelastLikeReply bama1029 bama1029 1 hour ago
It's 27 pages. It's a little more involved than that. He said only SCOTUS can overrule. FlagShare 1Bud ClarkLikeReply Jake Salinas Jake Salinas 1 hour ago
@bama1029 Trust me. You don't want to get your law education from Roy Moore. After all, he was removed from office 10 years ago for ignoring a federal court's order. Understand that SCOTUS is an APPEALS court. If he doesn't like a federal district court order, then he can appeal it. That doesn't mean he can ignore it. How do you think the judicial system is like if everybody was like, "Oh I don't like the judgment of this court, so I won't obey it until I hear from SCOTUS" FlagShare LikeReply Rob Smith Rob Smith 56 minutes ago
@Jake Salinas- You have obviously never read the Constitution yourself. Nowhere in the Constitution is the phrase "separation of church and state" and therefore it is not a Constitutional Doctrine. FlagShare LikeReply crimsonguard crimsonguard 1 hour ago
The federal government does not have the jurisdiction to over rule a state law. The Constitution states that each state is sovereign. FlagShare LikeReply Kurt Friese Kurt Friese 1 hour ago
You've never read the Supremacy Clause. Google it. FlagShare 1madameovaryLikeReply Timothy Murphy Timothy Murphy 1 hour ago
@crimsonguard ok, let me put this in terms you'll be more likely to understand. MY rights as a citizen of the United States of America cannot be taken away by ANY individual state. States can only grant rights not specifically granted by either the Constitution or federal law. They cannot take them away. FlagShare 1Mark StoutLikeReply Mark Stout Mark Stout 54 minutes ago
@crimsonguard This case is in the U.S. and the United States Constitution applies, which is different than the one you are referencing. In our country, states do not have such power. FlagShare LikeReply Bud Clark Bud Clark 46 minutes ago
@crimsonguard :
Civil War (you LOST)
14th Amendment
Sovereignty Clause
1st Amendment
"No Religious Test" Clause
Treason and Sedition Laws
FlagShare LikeReply Rob Smith Rob Smith 57 minutes ago
@Jake Salinas @Jake Salinas The problem is that the Supremacy Law itself is unconstitutional in the way people understand it today. It does not mean the federal courts have say over the state courts. It was intended to mean any law passed by the Congress of the United States overrules a law passed by the State Legislature of Alabama. If Congress in the US specifically passed a law allowing gay marriage nationwide, then this clause would apply. Also, according to Article 3 of the Consitution, the lower courts do not have jurisdiction in a case where a citizen is a party against his own state-
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects...In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.
The last sentence is key. Only the Supreme Court can overrule a State Supreme Court where the State is a party (original jurisdiction). Also, the notion of the district court overruling Alabama Law directly contradicts and violates the 10th Amendment of the Constitution...The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. FlagShare LikeReply
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