Chief Justice Roy Moore issued an order today saying that a ruling issued last March by the Alabama Supreme Court remains in effect and that probate judges "have a ministerial duty not to issue any marriage license contrary" to Alabama's law and constitutional amendment banning same-sex marriage.
In a four-page administrative order, Moore said the conflict between the state court ruling and the U.S. Supreme Court ruling in June has caused "confusion and uncertainty" among probate judges.
Moore said he issued the order today in his role as administrative head of the state court system. He quoted a state law that says the chief justice is empowered to "take affirmative and appropriate action to correct or alleviate any condition or situation adversely affecting the administration of justice within the state."
Moore wrote that since the U.S. Supreme Court ruling that many Alabama probate judges are issuing marriage licenses to same-sex couples, while others are issuing licenses only to opposite-sex couples or not issuing licenses at all.
"This disparity affects the administration of justice in this state," he wrote.
So apparently Alabama's just not going to participate in the United States anymore and isn't actually bound by the SCOTUS rulings. Interesting.
Then again, this type of obnoxious legal foot-dragging is nothing new in American history, not by a long shot. Particularly in states like, well, Alabama.
Still, same-sex marriage just landed on top of the 2016 presidential race social issue heap, and in a big way. Ted Cruz has gone on record numerous times saying that the Supreme Court has no actual authority to enforce anything, and as President, he implied heavily that he would allow states to simply refuse to issue marriage licenses to same-sex couples. Santorum, Huckabee, and Rubio too have expressed similar opinions.
Trump on the other hand, well this is going to get pretty interesting, isn't it?
Such drama from the kids who have lost.