‘Long Overdue’: Judicial Clash on Alabama’s Horizon

OneNewsNowTwo articles from One News Now:

‘Long Overdue’: Judicial Clash on Alabama’s Horizon

A potential clash between state and federal courts is brewing in Alabama – a clash that one legal group says has needed to happen for a long time. And apparently it took the issue of same-sex “marriage” to bring it to pass.

Earlier today the U.S. Supreme Court lifted a stay paving the way for Alabama probate judges to issue same-sex “marriage” licenses and perform the ceremonies. Liberty Counsel founder Mat Staver tells OneNewsNow that Alabama Supreme Court Chief Justice Roy Moore issued a memo to the judges instructing them not to do so because a federal court lacks jurisdiction to force them to do it.

“We fully support that,” Staver emphasizes. “We’re ready to defend any Alabama probate judge who refuses to participate – and we’re actually willing also to come against those who violate now the administrative order of the chief justice.”

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Alabama’s Chief Justice States His Case

While the U.S. Supreme Court refused to issue a stay earlier today against implementing same-sex “marriages” in Alabama, the chief justice of the Alabama Supreme Court is instructing probate judges – who are under his authority – not to respond.

Last month, a federal judge in Mobile ruled unconstitutional Alabama’s marriage amendment declaring one-man, one-woman marriage to be the legal definition of marriage. That ruling took effect today. Alabama Chief Justice Roy Moore summarizes what has transpired.

“Well, 81 percent [of Alabama voters] have approved the constitutional amendment to our Constitution and one federal judge in Mobile summarily dismissed that constitutional amendment,” he says, “and then [that judge] implied that the probate courts would be bound thereby. And indeed they cannot be bound thereby under the federal rules of procedure Section 65.”

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