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Thread: Alabama Supreme Court Orders Judges to Stop Gay Marriages

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    Alabama Supreme Court Orders Judges to Stop Gay Marriages

    The Supreme Court of Alabama ordered all the state's probate judges late Tuesday to stop issuing marriage licenses to same-sex couples, the latest salvo in a growing legal battle in Alabama over whether the decisions of federal justices trump those made by state judges.
    --
    The court said Alabama wasn't bound by what it called the "new definition" of marriage, though gay marriage has "gained ascendancy in certain quarters of the country, even if one of those quarters is the federal judiciary."
    --
    In its ruling, the state supreme court said all of Alabama's probate judges, including those listed as "Judge Does" in the legal filings, "are ordered to discontinue the issuance of marriage licenses to same-sex couples." The probate judges have five days to respond to the order.
    http://www.nbcnews.com/news/us-news/...riages-n316861

    Things continue to heat up in Alabama. This decision was unexpected because it has the potential to place probate judges in a "damned if you, damned if you don't" position. Individual probate judges have five days to make a case as to why they should not be bound by the order, but at this point, it's hard to see this court being sympathetic.

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    Re: Alabama Supreme Court Orders Judges to Stop Gay Marriages

    Quote Originally Posted by Taylor View Post
    Things continue to heat up in Alabama. This decision was unexpected because it has the potential to place probate judges in a "damned if you, damned if you don't" position. Individual probate judges have five days to make a case as to why they should not be bound by the order, but at this point, it's hard to see this court being sympathetic.
    I love it

    in the end all this does is HELP equal rights
    BS like this exposes these bigots and thier illogical and dishonest ways and helps to achieve equality for us all

    I hope they keep up the good fight because in the end the victory of equal rights will be that much sweeter and they will look that much more stupid . . . .if thats possible
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    Re: Alabama Supreme Court Orders Judges to Stop Gay Marriages

    I don't see the judges being in a damned if they do or damned if they don't situation. They are servants of their state supreme court. If anybody is at risk, it will be the Alabama Supreme Court Justices.
    If I blow the conch and they don't come back; then we've had it. We shan't keep the fire going. We'll be like animals. We'll never be rescued.

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    Re: Alabama Supreme Court Orders Judges to Stop Gay Marriages

    Who woulda thought? Many in Alabama positions of power still openly showing their bigotry! Its not like history doesn't repeat itself!


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    Re: Alabama Supreme Court Orders Judges to Stop Gay Marriages

    Quote Originally Posted by Declan View Post
    I don't see the judges being in a damned if they do or damned if they don't situation. They are servants of their state supreme court. If anybody is at risk, it will be the Alabama Supreme Court Justices.
    Depending on further action in the federal court, probate judges could be faced with conflicting orders.

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    Re: Alabama Supreme Court Orders Judges to Stop Gay Marriages

    Quote Originally Posted by Taylor View Post
    Alabama Supreme Court Orders Judges to Stop Gay Marriages - NBC News

    Things continue to heat up in Alabama. This decision was unexpected because it has the potential to place probate judges in a "damned if you, damned if you don't" position. Individual probate judges have five days to make a case as to why they should not be bound by the order, but at this point, it's hard to see this court being sympathetic.

    Alabama is displaying for everyone to witness....just how completely wacko the anti-gay bigots have become. Wow....do they even know how completely ridiculous they are looking? Remember this is the same state that wants the Confederate flag to fly as well.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: Alabama Supreme Court Orders Judges to Stop Gay Marriages

    This new assertion that lower courts don't have to follow the rulings of higher courts is pretty funny.
    Liberté. Égalité. Fraternité.

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    Re: Alabama Supreme Court Orders Judges to Stop Gay Marriages

    Quote Originally Posted by Paschendale View Post
    This new assertion that lower courts don't have to follow the rulings of higher courts is pretty funny.
    wouldnt be surprised if some people lost jobs over this either
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    Re: Alabama Supreme Court Orders Judges to Stop Gay Marriages

    Quote Originally Posted by Paschendale View Post
    This new assertion that lower courts don't have to follow the rulings of higher courts is pretty funny.
    It's neither new nor relevant. Federal district court rulings have never been binding on state courts. States that apply federal law are only bound by Supreme Court precedent.

    But again, not relevant. These probate judges are not acting in a judicial capacity, they are performing an administrative function (analogous to what might be performed by a county clerk in another state). Excerpt from the lone dissenting opinion:

    Issuing marriage licenses is not a function of the court or of its judicial power--the court has no judicial power to issue a marriage license. Instead, it is something the legislature has instructed that probate judges "may" do...There is no exercise of a probate court's jurisdiction when a probate judge issues a marriage license because the source of the probate judge's authority to issue such a license does not stem from the jurisdiction of the court.
    Last edited by Taylor; 03-04-15 at 02:08 AM.

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    Re: Alabama Supreme Court Orders Judges to Stop Gay Marriages

    ya I don't get this part

    MONTGOMERY, Ala. (AP) — The Alabama Supreme Court is ordering the state's probate judges to stop issuing marriage licenses to gay couples.

    The all-Republican court sided with a pair of conservative organizations Tuesday in ruling that the U.S. Constitution doesn't alter the judges' duty to administer state law.


    I kind of figured a judges duty is to make sure state laws are constitutional or to strike them down

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