US: Gay marriage comes to Alabama over chief judge's objections

[webfact]

Gay marriage comes to Alabama over chief judge's objections
By KIM CHANDLER and JAY REEVES

MONTGOMERY, Ala. (AP) — Alabama's chief justice built his career on defiance: In 2003, Roy Moore was forced from the bench for disobeying a federal court order to remove a boulder-size Ten Commandments monument from the state courthouse.

On Monday, as Alabama became the 37th state where gays can legally wed, Moore took a defiant stand again, employing the kind of states' rights language used during the Civil War era and again during the civil rights movement.

He argued that a federal judge's Jan. 23 ruling striking down the Bible Belt state's gay-marriage ban was an illegal intrusion on Alabama's sovereignty. And he demanded the state's probate judges refuse marriage licenses to same-sex couples.

"It's my duty to speak up when I see the jurisdiction of our courts being intruded by unlawful federal authority," the 67-year-old Republican chief justice of Alabama's Supreme Court said in an interview Monday.

Gay marriage arrived in the Deep South state of Alabama to mixture of joy, calls for defiance and confusion, as some probate judges indicated they were uncertain whether to issue the licenses or not after Moore's directive.

At least seven of Alabama's 67 counties dispensed marriage licenses to gay couples. Jubilant couples emerged from courthouses in Birmingham and Montgomery to cheers and applause while waving marriage licenses over their heads. Ministers presided at weddings on sidewalks and in parks.

"I figured that we would be that last ones — I mean, they would drag Alabama kicking and screaming to equality," said Laura Bush, who married Dee Bush in a park outside the courthouse in Birmingham.

Other counties refused to dispense such licenses or shut down their marriage license operations altogether, citing confusion about what the law required.

Moore's 11th-hour effort to block gay weddings brought immediate comparisons to Alabama Gov. George Wallace's 1960s vow of "segregation now, segregation tomorrow, segregation forever" and his fight against what he portrayed as the tyranny of the federal government.

"Moore is using the religion issue to further his political career, just as Wallace used the race issue to further his," said Richard Cohen, president of the Southern Poverty Law Center, a major civil rights organization.

Cohen branded Moore the "Ayatollah of Alabama," and the Southern Poverty Law Center filed a judicial complaint against the chief justice, accusing him of trying to incite chaos at the probate courts.

Gov. Robert Bentley, a Republican and a Southern Baptist, said he believes strongly that marriage is between one man and one woman, but that the issue should be "worked out through the proper legal channels" and not through defiance of the law.

The governor noted that Alabama is about to be in the spotlight again with the 50th anniversary of the Voting Rights Act of 1965, which was passed after civil rights marchers were attacked and beaten in Selma, Alabama — events chronicled in the Oscar-nominated movie "Selma."

"I don't want Alabama to be seen as it was 50 years when a federal law was defied. I'm not going to do that," Bentley said. "I'm trying to move this state forward."

After the Ten Commandments dispute made a national figure out Moore, he ran unsuccessfully for governor in 2006 and 2010. In 2012, he was elected to return to the high court. There has been speculation he might make a third run for governor.

He has been one of the state's most outspoken critics of gay marriage and homosexuality. Moore called homosexuality an "inherent evil" in a 2002 ruling in a child custody case. On the campaign trail in 2012, he said that same-sex marriage would be the "ultimate destruction" of the country.

Late last month, U.S. District Judge Callie Granade ruled that the state's gay-marriage ban was unconstitutional and — in a later clarifying order — said probate judges have a legal duty under the U.S. Constitution to issue the licenses. On Monday morning, the U.S. Supreme Court refused to block the start of gay marriages in Alabama.

Moore bristled at the comparison to Wallace and disputed the notion that same-sex marriage is a civil rights issue.

"This is not about the right of people to be recognized with race or creed or color. This is about same-sex marriage. It is not the same subject," he said.

"Eighty-one percent of the voters adopted the Alabama Sanctity of Marriage Amendment in the Alabama Constitution. I think they want leaders that will stand up against an unlawful intrusion of their sovereignty, and that's what we're seeing."

Montgomery County Probate Judge Steven L. Reed performed two weddings for gay couples on Monday, including that of two women wearing University of Alabama football T-shirts.

"At the end of the day, I'm going to err on side of the following the order of a federal court, rather than the opinion of the chief justice," Reed said.
___

Reeves reported from Birmingham.


-- (c) Associated Press 2015-02-10

[Seastallion]

The sad and startling thing is that it seems as if this guy Moore is not just grandstanding or politicking but genuinely believes that homosexuality is evil.

I expect that sort of sincerely held view from uneducated trailer trash, but not from an educated person.

I guess it just goes to show what religion can do to common sense.

Edited February 10, 2015 by Seastallion

[Nakajima]

Another victory for liberalism, equality and civilization! Gratz LGTB brothers and sisters!

[jaywalker]

The sad and startling thing is that it seems as if this guy Moore is not just grandstanding or politicking but genuinely believes that homosexuality is evil.

I expect that sort of sincerely held view from uneducated trailer trash, but not from an educated person.

I guess it just goes to show what religion can do to common sense.

The guy believes that Washington should have no say over what 81% of people in Alabama believe.

State's Rights is what it's about.

I know I'm talking to a wall though. The US Constitution is a dead letter. Has been for a long time, especially when any kind of "Politically Correct" issue arises.

[Nakajima]

The sad and startling thing is that it seems as if this guy Moore is not just grandstanding or politicking but genuinely believes that homosexuality is evil.

I expect that sort of sincerely held view from uneducated trailer trash, but not from an educated person.

I guess it just goes to show what religion can do to common sense.

The guy believes that Washington should have no say over what 81% of people in Alabama believe.

State's Rights is what it's about.

I know I'm talking to a wall though. The US Constitution is a dead letter. Has been for a long time, especially when any kind of "Politically Correct" issue arises.

so if 81% of people in any state decide to enforce stoning people to death for some sin, should we respect that?

Majority of people cannot legislate something that has been agreed by all states to be illegal. Discrimination is one of such thing.

That is why Constitution exist, not to be cherry picked by conservatives trying to deny someone else of their equality and human rights.

[Jingthing]

Most likely heading toward a 50 state decision by the supreme court THIS YEAR.

[Publicus]

The sad and startling thing is that it seems as if this guy Moore is not just grandstanding or politicking but genuinely believes that homosexuality is evil.

I expect that sort of sincerely held view from uneducated trailer trash, but not from an educated person.

I guess it just goes to show what religion can do to common sense.

The guy believes that Washington should have no say over what 81% of people in Alabama believe.

State's Rights is what it's about.

I know I'm talking to a wall though. The US Constitution is a dead letter. Has been for a long time, especially when any kind of "Politically Correct" issue arises.

The judge's oath of office as a state judge includes upholding the state constitution and the Constitution of the United States.

The supremacy clause in the US Constitution establishes federal law(s) and the US Constitution as being superior to any state law or of any state constitution, always and every time.

The judge is in violation of his oath of office. He is a radical Republican Dixiecrat of the Old Confederacy who is the heir of their racist 1960s governor George Wallace.

Alabama anyway and every day thanks God for Mississippi because if it weren't for Mississippi, Alabama would be 50th among the states in every bottom feeder category.

[Berkshire]

Most likely heading toward a 50 state decision by the supreme court THIS YEAR.

Anything that pisses-off the far right just makes my day.

[Nakajima]

The sad and startling thing is that it seems as if this guy Moore is not just grandstanding or politicking but genuinely believes that homosexuality is evil.

I expect that sort of sincerely held view from uneducated trailer trash, but not from an educated person.

I guess it just goes to show what religion can do to common sense.

The guy believes that Washington should have no say over what 81% of people in Alabama believe.

State's Rights is what it's about.

I know I'm talking to a wall though. The US Constitution is a dead letter. Has been for a long time, especially when any kind of "Politically Correct" issue arises.

The judge's oath of office as a state judge includes upholding the state constitution and the Constitution of the United States.

The supremacy clause in the US Constitution establishes federal law(s) and the US Constitution as being superior to any state law or of any state constitution, always and every time.

The judge is in violation of his oath of office. He is a radical Republican Dixiecrat of the Old Confederacy who is the heir of their racist 1960s governor George Wallace.

Alabama anyway and every day thanks God for Mississippi because if it weren't for Mississippi, Alabama would be 50th among the states in every bottom feeder category.

Thanks for explaining that clearly so that even a conservative could understand, if he wants to.

[Thakkar]

Alabama will now be fabulous! But, according to the fundamentalist Christianistas, they better brace for some hurricanes and plague.

T

[Nakajima]

Alabama will now be fabulous! But, according to the fundamentalist Christianistas, they better brace for some hurricanes and plague.

T

When men make mistake they call it "evil", when god makes mistakes they call it "nature"

[Thakkar]

Alabama will now be fabulous! But, according to the fundamentalist Christianistas, they better brace for some hurricanes and plague.

T

When men make mistake they call it "evil", when god makes mistakes they call it "nature"

God NEVER makes mistakes. This is why they cannot accept homosexuality as naturally occurring. The more cynical have used this bias to open them de-homosexing clinics to fleece idiot families and traumatized youngsters.

T

[Nakajima]

Alabama will now be fabulous! But, according to the fundamentalist Christianistas, they better brace for some hurricanes and plague.

T

When men make mistake they call it "evil", when god makes mistakes they call it "nature"

God NEVER makes mistakes. This is why they cannot accept homosexuality as naturally occurring. The more cynical have used this bias to open them de-homosexing clinics to fleece idiot families and traumatized youngsters.

T

Off topic: yes I have a gay friend that has a Russian father. His father sent him to a clinic in Texas that tried to change him using electroshock and hormones. After his mother rescued him he had to start psychotherapy and he's still completely xxxxed up, wake up screaming in terror, shakes at the sight of crowds, bulimic and he lost his hair. He attempted suicide twice.

His father could not find such "clinic" in Russia, he had to send him to Texas!

Edited February 10, 2015 by Nakajima

[Jonmarleesco]

'"I figured that we would be that last ones — I mean, they would drag Alabama kicking and screaming to equality," said Laura Bush ...' no connection, I presume?

[Publicus]

Alabama will now be fabulous! But, according to the fundamentalist Christianistas, they better brace for some hurricanes and plague.

T

When men make mistake they call it "evil", when god makes mistakes they call it "nature"

God NEVER makes mistakes. This is why they cannot accept homosexuality as naturally occurring. The more cynical have used this bias to open them de-homosexing clinics to fleece idiot families and traumatized youngsters.

T

Off topic: yes I have a gay friend that has a Russian father. His father sent him to a clinic in Texas that tried to change him using electroshock and hormones. After his mother rescued him he had to start psychotherapy and he's still completely xxxxed up, wake up screaming in terror, shakes at the sight of crowds, bulimic and he lost his hair. He attempted suicide twice.

His father could not find such "clinic" in Russia, he had to send him to Texas!

I haven't been to Russia but I have been to Texas and to Alabama, so I guess I have a good feel for the likeness.

[Publicus]

In June or by June the nine justices of the US Supreme Court will have ruled 7-2 that gay marriage is recognized by and protected in the Constitution of the United States.

Seven months ago gay marriage was legal in 19 states.

With Alabama having been taken by the scruff of its red neck yesterday in the US Supreme Court, gay marriage is now legal in 37 states. By mid-year gay marriage will be the accepted law of the land.

The reactionary political and cultural right loses yet another one. But that's okay because they are getting used to being wrong....

How 2014 Was the Beginning of the End for the Gay-Marriage Fight

With a slew of legal rulings striking down bans and popular support on an upward path, the past year set the stage for same-sex marriage legalization nationwide.

BY REBECCA NELSON

December 17, 2014

It started with Illinois.

On June 1, 2014, same-sex marriage became legal in the state following passage of the Religious Freedom and Marriage Fairness Act by the state's Legislature the previous fall. In less than six months, 18 other states followed suit, making 2014 the biggest year for gay-marriage legalization ever, and bringing the total number of states that allow gay couples to wed to 35, plus the District of Columbia. The onslaught of court rulings across the country highlighted how quickly the tide has turned in favor of gay marriage—and shows that 2014 was the beginning of the end for the fight.

http://www.nationaljournal.com/domesticpolicy/how-2014-was-the-beginning-of-the-end-for-the-gay-marriage-fight-20141217

Yesterday the Supreme Court voted 7-2 to uphold the US 11th Circuit Court of Appeals which includes Alabama in its judicial circuit in striking down the Alabama state law prohibiting gay marriage. The appeals court had upheld the US District Court for Alabama ruling last month that struck down the Alabama law. Alabama is screwed again but 150 years after losing the Civil War they still aren't used to it.

The 7-2 vote on yesterday portends the coming soon vote of the SCOTUS on the cases before it that it has accepted for this term of several states that have laws prohibiting gay marriage. The Court will overturn those prohibitions as unconstitutional, making gay marriage legal throughout the nation.

Here is the 7-2 lineup of the justices for and against and the president who appointed each justice:

The Magnificent Seven

Chief Justice John Roberts by Prez G.W. Bush

Justice Anthony M. Kennedy by Prez Ronald Reagan

Justice Ruth Bader Ginsburg by Prez Bill Clinton

Justice Steven G. Bryer by Prez Bill Clinton

Justice Samuel Anthony Alito by Prez G.W.Bush

Justice Sonia Sotomayor by Prez Barack Obama

Justice Elena Kagan by Prez Barack Obama

The Two Losers

Justice Antonin Scalia By Prez Ronald Reagan

Justice Clarence "Uncle" Thomas By Prez G.H.W.Bush

Gay marriage laywers went today to the US District Court Judge Callie Granade appointed by Prez G.W. Bush and who last month overturned the Alabama law to asap issue a contempt of court citation against one Alabama (as yet publicly unidentified) probate judge among the very many state probate judges who defying the original ruling of the US District Court and will not perform gay marriages.

US Judge Granade is expected to rule quickly on the lawyers' petition which will send the rule of law to the other Alabama probate judges who are in defiance of their oath of office. The state chief judge ayatollah Roy Moore will also have to take notice if the US Judge Granade issues a contempt of court citation against the single targeted state probate judge.

US Marshals are in the service of the United States courts system to enforce its rulings.

Edited February 10, 2015 by Publicus

[Jingthing]

Alabama is still being Alabama!
Actually I think in the long run this is good.

Just as the deep south fought so hard against black civil rights issues it is doing the same with gay civil rights issues.

It proves once again the close links between the American black and gay civil rights movements, historically speaking.

Bigotry is bigotry.

Judicial defiance in Alabama: Same-sex marriages begin, but most counties refuse

Gay rights supporters likened the actions of Moore and the probate judges to those of Alabama leaders who in the 1960s defied orders to desegregate schools.

“History is repeating itself,” said Christine Hernandez, an attorney for one of the plaintiff couples in the case.

http://www.washingtonpost.com/politics/alabama-judge-stakes-out-defiant-stance-against-same-sex-marriages/2015/02/09/a1be2de4-b06f-11e4-854b-a38d13486ba1_story.html

[jdinasia]

The sad and startling thing is that it seems as if this guy Moore is not just grandstanding or politicking but genuinely believes that homosexuality is evil.

I expect that sort of sincerely held view from uneducated trailer trash, but not from an educated person.

I guess it just goes to show what religion can do to common sense.

The guy believes that Washington should have no say over what 81% of people in Alabama believe.

State's Rights is what it's about.

I know I'm talking to a wall though. The US Constitution is a dead letter. Has been for a long time, especially when any kind of "Politically Correct" issue arises.

The judge's oath of office as a state judge includes upholding the state constitution and the Constitution of the United States.

The supremacy clause in the US Constitution establishes federal law(s) and the US Constitution as being superior to any state law or of any state constitution, always and every time.

The judge is in violation of his oath of office. He is a radical Republican Dixiecrat of the Old Confederacy who is the heir of their racist 1960s governor George Wallace.

Alabama anyway and every day thanks God for Mississippi because if it weren't for Mississippi, Alabama would be 50th among the states in every bottom feeder category.

Thanks for explaining that clearly so that even a conservative could understand, if he wants to.

.it is not correct though...

States rights are all those not specifically given to the feds. There's no federal definition of marriage.

However, the case clearly can be made that being married in one state means you are married in all states.

I am looking forward to a ruling saying same-sex marriage is covered by the equal protection clause, by SCOTUS.

[Publicus]

The guy believes that Washington should have no say over what 81% of people in Alabama believe.

State's Rights is what it's about.

I know I'm talking to a wall though. The US Constitution is a dead letter. Has been for a long time, especially when any kind of "Politically Correct" issue arises.

The judge's oath of office as a state judge includes upholding the state constitution and the Constitution of the United States.

The supremacy clause in the US Constitution establishes federal law(s) and the US Constitution as being superior to any state law or of any state constitution, always and every time.

The judge is in violation of his oath of office. He is a radical Republican Dixiecrat of the Old Confederacy who is the heir of their racist 1960s governor George Wallace.

Alabama anyway and every day thanks God for Mississippi because if it weren't for Mississippi, Alabama would be 50th among the states in every bottom feeder category.

Thanks for explaining that clearly so that even a conservative could understand, if he wants to.

.it is not correct though...

States rights are all those not specifically given to the feds. There's no federal definition of marriage.

However, the case clearly can be made that being married in one state means you are married in all states.

I am looking forward to a ruling saying same-sex marriage is covered by the equal protection clause, by SCOTUS.

It is correct, it is accurate, it is true.

The problem has to do with the history of states and states' rights from the founding of the republic through the Civil War and the various civil rights movements from slavery to women's suffrage to gay rights and much more that show too many of the states know what states are but have no clue about rights. The reactionaries think only the states have rights.

That is why we have a Supreme Court and it again is going to act as the cavalry riding down from the other side of the hill to save yet another day for the good guys.

Citing the 14th Amendment and its equal protection of the laws clause is fine by me too so let's both saddle up and ride.

[snarky66]

So happy Alabama is standing up for it's rights.

We are about a billion miles from the Constitution. Activist judges make me sick.

[Publicus]

So happy Alabama is standing up for it's rights.

We are about a billion miles from the Constitution. Activist judges make me sick.

Almost all judges to include the Supreme Court especially are activist judges from the first chief justice of the supreme court right up to the present. The fact and reality of judges by their nature being activist judges will continue indefinitely.

What planet have you conservatives been on since 1789 when the Constitution became effective.

[Nakajima]

So happy Alabama is standing up for it's rights.

We are about a billion miles from the Constitution. Activist judges make me sick.

Almost all judges to include the Supreme Court especially are activist judges from the first chief justice of the supreme court right up to the present. The fact and reality of judges by their nature being activist judges will continue indefinitely.

What planet have you conservatives been on since 1789 when the Constitution became effective.

Conservatives live on a planet that was made 6,000 years ago where human and dinosaurs lived happily together and where there was no evolution. Sarah Palin is their enlightening shepherd, when she is not too drunk to talk.

[sdanielmcev]

Before you start celebrating you might want to take a look at the ruling. It does not overturn Alabama's 'ban' on same sex marriages. And, technically it is not a ban on same sex marriage. It defines 'marriage' as between a man and a woman.

[Nakajima]

Before you start celebrating you might want to take a look at the ruling. It does not overturn Alabama's 'ban' on same sex marriages. And, technically it is not a ban on same sex marriage. It defines 'marriage' as between a man and a woman.

http://www.hrc.org/blog/entry/scotus-sez-thats-all-folks

“By refusing to halt marriage licenses in Alabama, the Supreme Court has telegraphed that there is virtually zero risk that they will issue an anti-equality ruling this summer,” said HRC Legal Director Sarah Warbelow. “Instead, the odds of a ruling bringing marriage equality to all 50 states have increased significantly."

Conservatives better get used to it.

Edited February 11, 2015 by Nakajima

[sdanielmcev]

Before you start celebrating you might want to take a look at the ruling. It does not overturn Alabama's 'ban' on same sex marriages. And, technically it is not a ban on same sex marriage. It defines 'marriage' as between a man and a woman.

http://www.hrc.org/blog/entry/scotus-sez-thats-all-folks

By refusing to halt marriage licenses in Alabama, the Supreme Court has telegraphed that there is virtually zero risk that they will issue an anti-equality ruling this summer, said HRC Legal Director Sarah Warbelow. Instead, the odds of a ruling bringing marriage equality to all 50 states have increased significantly."

Conservatives better get used to it.

The Supreme Court's decision has nothing to do the Alabama probate judges. As I said, please read it for yourself, not someone's interpretation of it. Particularly someone that has a vested interest in certain decisions going their way.

[snarky66]

So far as I am aware not one license has been issued to same-sex couples in Alabama.

Edited February 11, 2015 by snarky66

[Nakajima]

Before you start celebrating you might want to take a look at the ruling. It does not overturn Alabama's 'ban' on same sex marriages. And, technically it is not a ban on same sex marriage. It defines 'marriage' as between a man and a woman.

http://www.hrc.org/blog/entry/scotus-sez-thats-all-folks

By refusing to halt marriage licenses in Alabama, the Supreme Court has telegraphed that there is virtually zero risk that they will issue an anti-equality ruling this summer, said HRC Legal Director Sarah Warbelow. Instead, the odds of a ruling bringing marriage equality to all 50 states have increased significantly."

Conservatives better get used to it.

The Supreme Court's decision has nothing to do the Alabama probate judges. As I said, please read it for yourself, not someone's interpretation of it. Particularly someone that has a vested interest in certain decisions going their way.

marriages have began that's all that matters. Love 1, ignorance 0.

http://www.hrc.org/blog/entry/live-updates-alabama-marriage-equality

[Nakajima]

So far as I am aware not one license has been issued to same-sex couples in Alabama.

terrible thing ignorance:

suck it conservative dinosaurs!

http://www.hrc.org/blog/entry/live-updates-alabama-marriage-equality

Edited February 11, 2015 by Nakajima

[sdanielmcev]

Before you start celebrating you might want to take a look at the ruling. It does not overturn Alabama's 'ban' on same sex marriages. And, technically it is not a ban on same sex marriage. It defines 'marriage' as between a man and a woman.

http://www.hrc.org/blog/entry/scotus-sez-thats-all-folks

By refusing to halt marriage licenses in Alabama, the Supreme Court has telegraphed that there is virtually zero risk that they will issue an anti-equality ruling this summer, said HRC Legal Director Sarah Warbelow. Instead, the odds of a ruling bringing marriage equality to all 50 states have increased significantly."

Conservatives better get used to it.

The Supreme Court's decision has nothing to do the Alabama probate judges. As I said, please read it for yourself, not someone's interpretation of it. Particularly someone that has a vested interest in certain decisions going their way.

marriages have began that's all that matters. Love 1, ignorance 0.

http://www.hrc.org/blog/entry/live-updates-alabama-marriage-equality

To show YOUR ignorance, I am all for gay couples getting married. I prefer a legal definition that stands the test of law, and I can't say the rest, because unlike you I don't attack the person.

Edited February 11, 2015 by Scott

[Nakajima]

The Supreme Court's decision has nothing to do the Alabama probate judges. As I said, please read it for yourself, not someone's interpretation of it. Particularly someone that has a vested interest in certain decisions going their way.

marriages have began that's all that matters. Love 1, ignorance 0.

http://www.hrc.org/blog/entry/live-updates-alabama-marriage-equality

To show YOUR ignorance, I am all for gay couples getting married. I prefer a legal definition that stands the test of law, and I can't say the rest, because unlike you I don't attack the person.

I wasn't attacking you, I was referring to ignorance of people afraid of gay marriage. Maybe if you care to read...

It's a common way of saying in social media.