Alabama Supreme Court Chief Justice Roy Moore says Alabama’s probate judges are independent constitutional officers and should not be affected by the federal court’s decision to lift a ban on gay marriage.
But University of Alabama School of Law Professor Bryan Fair said Moore is disregarding federal law. Fair told FOX6 the supremacy clause of the U.S. Constitution says that states must adhere to federal orders.
“And under our Constitution, which Chief Justice Moore says he respects, it is absolutely clear that the federal judicial powers are vested in the Supreme Court and inferior courts created by Congress. And Judge Granade sits on a federal court created by Congress,” Fair said.
U.S. District Judge Callie V.S. Granade recently issued an order prohibiting Attorney General Luther Strange from enforcing Alabama’s ban on same-sex marriage, but she placed a two-week stay on the ruling while Strange’s office crafts an appeal. The stay is set to expire Feb. 9.
The U.S. Supreme Court is expected to hear oral arguments on whether same-sex couples have the constitutional right to marry or whether states are allowed to ban gay marriage. A ruling is expected in June.
For more, read “Law Professor Confirms Lower Federal Court Power Supersedes Ala. In Same Sex Marriage Ruling.”
