Alabama Supreme Court Must Act on Marriage Debacle

Barb Wire

Montgomery, AL – Today, Liberty counsel is asking the Alabama Supreme Court to join Chief Justice Moore in ordering all probate judges to refrain from recognizing marriage inconsistent with the Alabama Constitution, namely same-sex marriage licenses.

Liberty Counsel’s petition is in response to a US District Court ruling late Monday afternoon in a contempt case against the Honorable Don Davis. When the probate judge followed the law and did not issue same-sex marriage licenses, homosexual couples asked Judge Granade to hold Judge Davis in contempt.  The US District Court agreed with Chief Justice Moore and ruled that the federal court injunction does not apply to any of the probate judges.

Chief Justice Moore said in his directive: “Effective immediately, no probate judge of the state of Alabama nor any agent or employee of any Alabama probate judge shall issue or recognize a marriage license that is inconsistent with…the Alabama Constitution.”

“Many Alabama probate judges are acting lawlessly,” said Mat Staver, Founder and Chairman of Liberty Counsel. “Alabama probate judges do not have discretion to issue marriage licenses to same-sex couples. Neither the Searcy nor the Strawser Injunction requires Alabama probate judges to issue marriage licenses to same-sex couples,” Staver pointed out.

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“The only remedy to this lawlessness is mandamus relief, an order from the Alabama Supreme Court to command probate judges to perform their ministerial duty not to issue marriage licenses to same-sex couples,” Staver concluded.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.

The opinions expressed by columnists are their own and do not necessarily represent the views of Barb Wire.

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