Alabama Supreme Court Chief Justice Roy Moore, in a letter to Gov. Robert Bentley, encouraged state judges to ignore a federal ruling striking down the state’s ban on gay marriage.
Professor Ronald Krotoszynski told Reuters that Moore’s letter carries little legal weight because federal law trumps state law.
“There is no credible legal argument that an order from a federal judge with jurisdiction over the matter isn’t binding on a state government,” he 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 “Alabama Supreme Court Chief Justice Encourages Defiance On Gay Marriage Ruling” and “Can Alabama Judges Defy Federal Court on Gay Marriage?”
