Wednesday, January 6, 2016

Alabama Chief Justice Says Same-Sex Marriage Ban Still In Effect

Alabama Chief Justice Roy Moore, in an administrative order issued on Wednesday morning, announced that the state's ban on same-sex couples' marriages remains in effect until a specific court order is issued to end the ban.

Specifically, Moore wrote that a prior order of the Alabama Supreme Court that barred probate judges from issuing marriage licenses to same-sex couples remains in effect.

The U.S. Supreme Court decision from this past June in Obergefell v. Hodges, Moore wrote, only specifically struck down the marriage bans in Kentucky, Michigan, Ohio, and Tennessee. While it is precedent that would be applicable to other states' bans, he wrote, it is not a specific order that would end Alabama's ban.

"[A]n order issued by a court with jurisdiction over the subject matter and person must be obeyed by the parties until it is reversed by orderly and proper proceedings," he explained.

Moore concluded: "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."

There was no mention in Moore's order of the federal case overseen by U.S. District Court Judge Callie Granade that has challenged the Alabama ban.

Read the administrative order:



Source BuzzFeed - Politics http://ift.tt/1UwHxFN

0 comments:

Post a Comment