Chief Justice Roy Moore, who firmly stands against same-sex marriage, issued an order that says that the state’s Supreme Court never lifted a March mandate to probate judges which told them to refuse licenses to gay couples. Moore writes, “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.” According to the Amendment, marriage is described as, “... a unique relationship between a man and a woman,” and “...a sacred covenant which… establishes their relationship as husband and wife.” So, according to the state of Alabama’s Constitution, same-sex marriages can not be recognized legally.
The March order, only released when a federal judge declared the state’s ban on gay marriage illegal last January, is claimed by Moore to uphold against the June decision of the federal Supreme Court. After the ruling, Alabama judges were unsure how to proceed; yet it took seven months for the Chief Justice to respond, who did so because there was confusion in the courts as how to proceed.
The federal judge who ended the gay marriage ban last year has become involved again, telling probate judges not to enforce the order. As a result of this back and forth, nine counties have shut down licensing operations altogether.
When reached by The Guardian for comment, University of Alabama professor Ronald Krotoszynski says that even though the state never lifted the order, the federal Supreme Court clearly overruled it. Though the Supreme Court has not yet responded to this issue, many in Alabama watch as the story develops.
Thomas Williams