[Magdalen] Please help me understand

Roger Stokes roger.stokes65 at btinternet.com
Mon Feb 9 23:10:44 UTC 2015


In January a judge in a federal district court found that the Alabama 
ban on same-sex marriages was unconstitutional but stayed her order to 
allow time for an appeal.  I assume this should have been to the 11th 
Circuit Appeals Court who could have granted a further stay pending 
hearing of an appeal.

The New York Times is now reporting that the Alabama Attorney General 
asked the Supreme Court to extend that stay pending SCOTUS determining 
the issue later this year but the Supreme Court Justices denied that 
request.  I assume this allowed Justice Granade's finding in district 
court to take effect and allow same-sex couples to get marriage licenses.

Meanwhile the Chief Justice of the Alabama Supreme Court ordered probate 
judges not to issue marriage licenses to same-sex couples but, following 
the SCOTUS refusal to extend the stay, some judges have apparently 
issued marriage licenses to same-sex couples.

I understand that marriage legislation is up to the several states in 
their own jurisdictions assuming that this does not conflict with the US 
Constitution.  Chief Justice Moore of the Alabama Supreme Court 
apparently issued his order before SCOTUS said it would not extend the 
stay on Judge Granade's order but has his directive been rendered moot 
(ineffective) now that the federal judge's order has become effective?  
What is the position of the judges who have issued same-sex marriage 
licenses in defiance of Moore's order?

Roger


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