Last month, Alabama Supreme Court Chief Justice Roy Moore (below) ordered all probate judges in the state to not issue same-sex marriage licenses. That order didn’t go very far and most of the counties in the state have ignored the ban.
But now, the Court has taken it up a notch:
The Alabama Supreme Court handed down a special ruling Tuesday, ordering a stop to the issuance of same-sex marriage licenses by probate judges.
[The ruling states:]
Every day, more and more purported “marriage licenses” are being issued to same-sex couples by some of the probate judges in this State. Every day, the recipients of those licenses and others with whom they interact may be, and presumably are, relying upon the validity of those licenses in their personal and business affairs. Every probate judge in this State, regardless of his or her own stance on the issuance of such licenses, will soon enough be faced, in his or her judicial capacity, with a universe of novel derivative questions unprecedented in their multiplicity, scope, and urgency. The circuit courts of this State will confront a similar experience…
The “magnitude and importance” of the issue before us is unparalleled. And the “special reasons” that compel us to act are unlike any other in the history of our jurisprudence… we are clear to the conclusion that this Court has the authority to act in this matter to maintain and restore order in the administration of our laws by the probate judges and the courts of this State.
The probate judges have five days to respond why they should be allowed to give out the marriage licenses to gay and lesbian couples.
But what’s most interesting to me is that this wasn’t just one man’s decision. Six justices concurred and a seventh agreed on the parts that matter.
Only one judge, Greg Shaw, dissented, and his dissent boils down to “What the hell are the rest of you doing? We don’t have jurisdiction on this matter and the people suing can’t speak for the State!”
The rest of them seem to think the Bible overrides the Constitution.
I’ve said this before, but conservatives love to complain about “activist judges.” Well, this is judicial activism. So where are the conservative Christians on this issue?
Their silence is a measure of their hypocrisy.
Meanwhile, the Supreme Court ruling on this matter can’t come quickly enough.
(Portions of this post have been edited since going up.)