Alabama Judge Defies Superior Judge and Orders Same Sex Licenses to be Issued
A judge in an Alabama county resumed issuing marriage licenses to same-sex couples Thursday, defying an order from the state’s highest justice a day earlier banning the action.
The courthouse in Madison County, a northern Alabama county that holds the liberal college town of Huntsville, continued issuing the licenses, WAFF-TV reported, with dozens of same-sex marriage supporters lining up outside the building to celebrate the act of noncompliance.
On Wednesday, Chief Justice of the Alabama Supreme Court Roy Moore issued an order banning all lower judges in the state from providing marriage licenses to same-sex couples.
"Until further decision by the Alabama Supreme Court, the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect," Moore, a Republican with a well-documented history of speaking out publicly against gay marriage, wrote.
His order directly defied the U.S. Supreme Court ruling last June that effectively legalized gay marriage nationwide.
The state laws Moore referred to in his ruling — Alabama Sanctity of Marriage Amendment and the Alabama Marriage Protection Act — both make it unconstitutional for the state to recognize or perform same-sex marriages.
Moore's latest order could set up a controversial showdown between state and federal authorities over the flashpoint issue similar to one that erupted last year in Kentucky.
July, Rowan County (Kentucky) Clerk Kim Davis refused to issue marriage licenses for same-sex couples, citing her Christian beliefs.
Her decision defied the Supreme Court ruling legalizing gay marriage and resulted in her being jailed for contempt of court for five days.
BY ADAM EDELMAN
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