The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
It's back to the future in Alabama for same-sex marriage:
Judge Callie V. S. Granade of Federal District Court ruled in January that the Alabama ban was unconstitutional, but she put a hold on her order until Monday to give the state time to appeal. Gay couples are lining up at courthouses seeking marriage licenses.
But in a dramatic show of defiance toward the federal judiciary, Chief Justice Roy S. Moore of the Alabama Supreme Court on Sunday night ordered the state's probate judges not to issue marriage licenses to gay couples on Monday.
According to reports early Monday, probate judges in Birmingham and Montgomery had defied Justice Moore and were issuing licenses.
The Supreme Court on Monday morning rejected the state's request for a stay of Judge Granade's order.
As the Post notes, this is not Moore's first ride at the rodeo:
He is best known for refusing to remove a monument of the Ten Commandments from the state Supreme Court's building in 2003 in defiance of a federal judge's ruling. He was removed from office for his actions, but he was reelected to the post three years ago.
UPDATE: The Alabama governor is rejecting Moore's advice that he take action against officials who issue marriage licenses to same-sex couples:
This issue has created confusion with conflicting direction for Probate Judges in Alabama. Probate Judges have a unique responsibility in our state, and I support them. I will not take any action against Probate Judges, which would only serve to further complicate this issue.