Acting in defiance of United States District Court Judge Callie “Ginny” Granade, who ruled last month that the Alabama prohibition against same-sex marriages violates the due process and equal protection clauses of the Fourteenth Amendment of the United States Constitution, the Chief Justice of the Alabama Supreme Court, Roy Moore, yesterday ordered all of the probate judges in the state to refuse to issue same sex marriage licenses.
In a letter, 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 Article 1, Section 36.03, of the Alabama Constitution or § 30-1-19, Ala. Code 1975,” the state laws banning same-sex marriage.
Until today no same-sex marriage licenses had been issued in Alabama since Judge Granade’s decision because she had issued a stay delaying enforcement of her order until this morning in order to give the Attorney General of the State of Alabama an opportunity to appeal her decision. After granting certiorari to review Alabama’s appeal from Judge Granade’s decision, the Supreme Court of the United States (SCOTUS) by a vote of 7-2 today rejected Alabama’s request to continue the stay of enforcement pending the outcome of Alabama’s appeal. The SCOTUS’s rejection of Alabama’s request for the stay conflicts with Chief Justice Moore’s order yesterday prohibiting probate judges from issuing same-sex marriage licenses. Chaos has ensued as probate judges in some counties have issued same-sex marriage licenses while probate judges in other counties have refused.
The solution is simple. It’s called the Supremacy Clause. Article 6, Clause 2 of the United States Constitution provides,
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.
And that is the end of that.
Chief Justice Roy Moore is the same guy who a few years ago defied a federal judge’s order to remove a Ten Commandments monument from a public building. He conjures up memories of former Governor George Wallace who defied the federal courts. Here’s Wikipedia to toggle your memory,
In 1963, President John F. Kennedy’s administration ordered the U.S. Army’s 2nd Infantry Division from Ft. Benning, Georgia to be prepared to enforce the racial integration of the University of Alabama in Tuscaloosa. In a vain attempt to halt the enrollment of black students Vivian Malone and James Hood, Governor Wallace stood in front of Foster Auditorium at the University of Alabama on June 11, 1963. This became known as the “Stand in the Schoolhouse Door.”
SCOTUS Justice Clarence Thomas, joined by Justice Antonin Scalia, wrote the dissenting opinion from today’s order denying Alabama’s request for a stay. He said in pertinent part,
Today’s decision represents yet another example of this Court’s increasingly cavalier attitude toward the States. This acquiescence may well be seen as a signal of the Court’s intended resolution of [the gay-marriage] question. This is not the proper way to discharge our [constitutional] responsibilities. And, it is indecorous for this Court to pretend that it is.
It doesn’t take a weather man to tell which way the wind blows.
Congratulations and best wishes to every same-sex couple in Alabama who waited so patiently for this day to finally arrive.
For more information and photos, go here.