Who Will Issue Same-Sex Marriage Licenses in Alabama?
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Same sex marriage appears to be one step closer to reality in Alabama, but not without facing a few obstacles. Alabama News Network’s legal analyst, James Anderson, weighs in to break down what the courts are saying and what plans probate judges have in our area. “State law says that it’s illegal for people that you will not issue a marriage license to people of the same sex,” Said Anderson That law is clear. So is the federal judge’s ruling that struck down Alabama’s gay marriage ban, which allows probate judges to start issuing marriage licenses on Monday. But a memorandum was sent out to probate judges in Alabama from Chief Justice Roy Moore — saying they are not required to issue licenses. Anderson says that puts Moore in an unusual position. “By letting everybody know what his opinion is may have disqualified himself by something that comes before the court and that’s the thing that’s very unusual,” Said Anderson. So who’s planning to issue licenses? Montgomery County Probate Judge, Steven Reed; Autauga County Probate Judge, Al Booth; and Butler County Probate Judge Steve Norman say they plan to issue licenses Monday — even though Chief Justice Moore says they don’t have to. “I’m not comfortable with that opinion and I’m certainly not going to expose myself to not following federal law,” Said Norman. Elmore County Probate Judge, John Enslen, says he doesn’t know whether he’ll issue the licenses. He says he’s still waiting on U.S. Supreme Court Justice, Clarence Thomas, who is assigned to hear the petitions from Alabama, which is asking the high court for a delay while it appeals. Governor Robert Bentley supports that appeal, saying his job is to uphold state laws, including the constitutional ban on gay marriage that voters approved. “81 percent said that they wanted to define marriage as between a man and a woman, so I have to execute the laws of the state of Alabama, that’s my job. And do I believe that’s the case? Yes. I do. Do I believe that that’s how it should be defined? I certainly do,” Said Gov. Bentley. Bentley says the U.S. Supreme Court will issue its decision on gay marriage this summer and that the state will obey whatever ruling the court issues. Governor Bentley says no matter the ruling, the state will obey federal law. The Supreme court will hear oral arguments in April. It’s expected to rule in June. Alabama Attorney General, Luther Strange, has asked the U.S Supreme Court to allow Alabama to hold off on issuing gay marriage licenses until the high court rules on the issue, which would likely affect the entire country. There’s no sign yet on whether Strange will get his wish.
