As a stay on the federal ruling striking down the state’s ban on gay marriage is set to expire, Alabama lawyers and Alabama Supreme Court Chief Justice Roy Moore continue to disagree on same-sex marriage.
Moore recently told Alabama’s probate judges they are not required to issue marriage licenses to same-sex couples after the stay expires. At first, the Alabama Probate Judges Association agreed, arguing for a narrow interpretation of the court ruling that struck down the ban, according to The Huffington Post. After a clarification from the judge who issued the ruling, the association said it will encourage its members to comply with the decision.
“I think it’s quite telling that the Alabama Probate Judges Association has reversed its position,” University of Alabama School of Law Professor Ron Krotoszynski Jr. told The Huffington Post. “Like Chief Justice Moore, these judges are subject to popular election; yet, unlike the incumbent Chief Justice, they clearly recognize that they have a legal duty to honor a binding order of a federal court that invalidates a state constitutional provision because it violates the federal Constitution.”
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 “Alabama Lawyers Face Off Against Chief Justice In Gay Marriage Fight.”
