Just weeks after a U.S. District Court Judge in Mobile ordered a probate judge there to issue same-sex marriage licenses – the Alabama Supreme Court has ordered a HALT to same-sex marriages in the state.
That order was requested by the Alabama Policy Institute and the Alabama Citizen’s Action Program last month. In a statement following the ruling lawyers from the Liberty Council – which represented the plaintiffs’ – applauded the decision.
Alabama Supreme Court Chief Justice Roy Moore has been an outspoken opponent of same-sex marriage – however at this point, according to al.com, it appears he has recused himself from the case. That latest order gives probate judges five days to submit responses if they wish to show cause why they should be able to grant marriage licenses to same-sex couples
That order also gives Mobile County Probate Judge Don Davis until Thursday to argue why he should not be bound by the order; he has requested that the court dismiss him from that lawsuit, because he had been ordered by the federal district court to issue licenses to same-sex couples.
David Kennedy, one of those lawyers who represented the Mobile couple who successfully challenged Alabama’s same-sex marriage ban – has stated he doesn’t think the ruling would survive a challenge in federal court, adding “Whenever state law conflicts with federal law – federal law wins.”