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11/22/2024 04:50:08 am

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Alabama Supreme Court Orders Judges To Stop Issuing Licenses For Gay Couples

gay marriage alabama

(Photo : Reuters) Greg and Roger embrace after getting married in a park outside the Jefferson County Courthouse in Birmingham, Alabama February 9, 2015.

The battle in Alabama's same-sex marriages rages on as the state's Supreme Court ordered on Tuesday all probate judges to stop issuing marriage licenses to same-sex couples.


The move is the latest twist in the clash between federal justices and state judges, who have been overruling decisions one after another.

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The latest decision by the Alabama Supreme Court comes after an Elmore County probate judge requested for further clarification on the issuance of licenses.

The Supreme Court ruled, stressing its earlier stand, that the Alabama law allows the marriage between a man and a woman. 

The ruling further said, "Alabama probate judges have a ministerial duty not to issue any marriage license contrary to this law. Nothing in the United States Constitution alters or overrides this duty."

Six justices concurred to the 134-page decision, one dissented and one concurred to most of the opinion.  Probate judges are given five days to respond if they think they are not bound to follow the ruling.

The issuance of marriage licenses for same-sex couples resumed in Alabama on February 9th, after federal judge Callie Granade struck down the ban on same-sex marriages in January, saying it violates the U.S. constitution.

However, in his 11th-hour decision, state Chief Justice Roy Moore ordered all probate judges not to obey Granade's ruling, resulting to all of them getting caught in between conflicting orders.

The U.S. Supreme Court backed Granade's ruling.  But even the high court's decision did not create a clear path for the confused probate judges. 

Some judges refused to issue licenses to same-sex couples, while the others chose to shut down its operations to all couples - including straight ones - until they get clear orders.

LGBT rights groups took to twitter their reaction on the Supreme Court ruling.  Equality Alabama a group which pushes for equality for the LGBT community tweeted the fight is far from over. 

The group said that since February 9th, hundreds of same-sex couples have already wed, and others should continue to have that freedom.

The Southern Poverty Law Center also sent out a tweet, expressing its disappointment over the court's decision.

The SPLC is a group that fights hate, intolerance and discrimination through education and litigation. 

The SPLC President Richard Cohen said the Supreme Court will be embarrassed once the U.S. rules on the issue later this year.  He also encouraged unmarried gay couples not to lose hope saying the fight isn't over.

The office of Alabama Governor Robert Bentley, who opposed gay marriage, did not immediately issue a comment.

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