According to Huffingtonpost.com, the chief justice of Alabama’s Supreme Court has made an order that judges within the state are henceforth not allowed to issue same-sex marriage licenses to couples.
This must be coming as a shock to many individuals in the States owing to the fact that a ruling was made on June 2015 by the U.S. Supreme Court that same-sex marriage is permitted in the whole fifty states in the States.
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The report detailed that Chief Justice Roy Moore barred judges in the states on Wednesday from issuing marriage licenses that violate the state’s laws prohibiting same-sex marriage, “until further decision by the Alabama Supreme Court.”
Moore’s point of view hinged on the fact that the U.S. Supreme Court had only explicitly struck down same-sex marriage bans in Michigan, Kentucky, Ohio and Tennessee in its landmark decision Obergefell v. Hodges, though the ruling may be interpreted to apply to other states’ bans based on precedent
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However, some of the judges in Alabama have chosen to interpret the ruling as requiring them to issue same-sex marriage licenses, according to Moore, while others had not. Citing numerous developments since Obergefell — including the jailing of Kim Davis, a Kentucky county clerk who made headlines last year for refusing to issue marriage licenses to same-sex couples — Moore called the present environment one of “confusion and uncertainty,” and said he hopes to address it with his administrative order.
“This disparity affects the administration of justice in this State,” he wrote.
Moore said he was choosing to act now in part because the U.S. Court of Appeals for the 8th Circuit had recently found that the Supreme Court’s Obergefell ruling did not “directly invalidate” Kansas’ same-sex marriage ban, and thus there were grounds at least to hear the case. The 8th Circuit, Moore said, had nonetheless upheld the ruling on the basis of precedent.
How the Alabama Supreme Court interprets the Obergefell decision is within their legal discretion to decide, according to Moore, and has “yet to be determined.”
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