Alabama Judge Roy Moore orders against issuance of marriage licenses to same-sex couples
Published 1:45 pm Thursday, January 7, 2016
- Judge Roy Moore
Alabama Supreme Court Justice Roy Moore issued an order Wednesday, Jan. 6 that prohibits state probate judges and officials from issuing marriage licenses to same-sex couples, despite the U.S. Supreme Court’s nationwide marriage equality ruling last year.
In the administrative order, which comes nearly a year after U.S. District Judge Ginny Granade struck down a law banning gay marriage in the state of Alabama, Moore cites that the Alabama Marriage Protection Act and the Sanctity of Marriage Amendment are currently in place, contrasting the act of same-sex marriage taking place in the state.
Moore also states in the order that the state’s probate judges “have a ministerial duty not to issue any marriage license” that goes against both the act and amendment as they currently stand.
A noted opponent of same-sex marriage in Alabama, Moore dueled with the federal courts over recognizing same-sex marriage in February 2015 and issued an order telling probate judges not to issue licenses then, even though federal courts deemed Alabama’s Sanctity of Marriage Act unconstitutional.
According to Moore, some probate judges in Alabama are issuing same-sex marriage licenses, others are only issuing them to opposite sex couples and some aren’t issuing any marriage licenses at all. Moore’s order argues this inconsistency across the state “affects the administration of justice,” as reported by NBC affiliate WSFA.
As the state Supreme Court considers how the U.S. Supreme Court’s July 2015 rulling affects pre-existing orders, the Human Rights Campaign (HRC) calls Moore’s order “shameful.”
“Yet again, Chief Justice Roy Moore is flagrantly defying the rule of law, and empowering those who wish to stand between same-sex couples and their constitutional right to marry the person they love,” HRC Legal Director Sarah Warbelow said via the organization’s blog. “Regardless of what Roy Moore says, marriage equality is the law of the land. His obstructionist tactics tarnish the reputation of the great state of Alabama, and we urge all of the state’s probate judges to issue licenses to same-sex couples, as is their duty under the law.”
Warbelow also acknowledges Moore’s focus on personal opinions and his obligation to follow the law while stating that if he chooses not to, “he should be removed from office.”
Following last year’s ruling by Granade, Alabama became the 37th state to authorize same-sex marriage, as indicated via the Human Rights Campaign’s Marriage Center.