Chief Justice Moore Releases Statements on Legality of Same-Sex Marriages
The Chief Judge issued what he calls a "reminder" for probate judges on the legality of same-sex marriage.
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On June 6 2015, the United States Supreme Court declared same-sex couples had the same right to marry as heterosexual couples. Judges in every state began issuing same-sex marriages licenses, and it seemed the ruling had put the controversial topic to rest.
But after only a few days in 2016, the subject is on the table once again in Alabama. Chief Justice of the Alabama Supreme Court Roy Moore issued a statement saying the March directive order to stop issuing same-sex marriage licenses was never lifted. He suggested all probate judges stop issuing licenses to same-sex couples until an official ruling is determined for Alabama.
“This is a general proposition of laws, not something I’m creating, I’m simply clarifying it,” Moore says. “It’s my job to clarify the confusion in this state. And I’m simply stating there is an issue before the Alabama Supreme Court which they are deliberating on, which will clarify this situation.”
The confusion is now for the probate judges, who are not sure if they should stop issuing marriage licenses to same-sex couples or stop issuing licenses altogether. The Alabama State Constitution never states probate judges are required to perform any marriages. The judges have the right to refuse to marry anyone, or marry everyone who comes to their door. If they refuse to perform any one type of marriage, however, they can be remanded by the Supreme Court.
Despite what Moore says, Montgomery County Probate Jude Steven Reed is not confused about his job.
“The Supreme Court has ruled, I don’t understand where he’s coming from whatsoever, I don’t understand what the motive is, it makes no sense whatsoever,” Reed says. “And this office is not going to abide by that and we’re just going to ignore it and I guess just assume that this is Old Roy being Roy.”
Political analyst Steve Flowers compares Moore’s statement to another political figure’s actions on a similar hot button topic.
“At the same time, in the 1960’s, most Alabamians were not in compliance with integration,” Flowers says. “But it was a federal law. And I call what Roy Moore is doing similar to what George Wallace did in the 1960’s: he’s standing at the schoolhouse door and demigogging this issue.”
Whether or not probate judges follow orders is yet to be seen, but Flowers does not think Moore’s statement will change anything.
“The Supreme Court has clearly stated that same sex marriage is the law of the land,” Flowers says. “Now what is some Alabama Supreme Court judge, why’s he more powerful than the United states supreme court?”
Presidential Candidate Hillary Clinton also weighed in on Moore’s order. She said in part, “There are still politicians who argue the Court got it wrong and states should ignore its ruling. We need to ensure that marriage equality is guaranteed and enforced nationwide. And we need to fight discrimination against LGBT Americans wherever it occurs.”
