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With no action from Supreme Court, same-sex couples in Alabama can get married starting tomorrow morning

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As of this writing, there’s no word from the Supreme Court on whether the Justices intend to halt same-sex marriage in Alabama. The stay is set to expire before tomorrow morning, and some counties will be issuing marriage licenses to same-sex couples.

Here’s a round-up of the latest, so far. Keep in mind, we may see a Supreme Court order tomorrow, possibly early. We don’t know when they will decide.

– Some probate judges won’t issue licenses to same-sex couples.

– Jeremy Hooper at Good as You points out another moment in history when Alabama’s probate judges refused to issue licenses to some couples.

– An editorial calls for respect for same-sex couples’ marriages.

– The probate judges who refuse to issue licenses to same-sex couples could face sanctions.

– Pike County, Alabama won’t issue ANY licenses to any couples.

– Here are photographs of 21 couples who plan to get married tomorrow.

– A primer on what to expect tomorrow.

If you have any links or updates, feel free to share in the comments.


  • 1. Nyx  |  February 8, 2015 at 1:39 pm

    Equality Alabama and the ACLU: Call 334-265-2754 or send an email if you run into problems in your county!

  • 2. 1grod  |  February 8, 2015 at 4:26 pm

    Apparently at least these counties, comprising 57% of the state population, will offer licenses to same-gender couples tomorrow: Autauga, Baldwin, Bibb, Cherokee, Clay, Coffee, Colbert, Conecuh, Crenshaw, Elmore, Escambia, Geneva, Hale, Henry, Jackson, Jefferson, Lamar, Madison, Marengo, Marshall, Mobile, Monroe, Montgomery, Pickens, and Tuscaloosa. Know of others, let us know. Alabama counties could outpace Kansas, whose inclusion counties only now reached 83% of the state population after four months. And Alabama has recognition of 'in' and 'out' of state celebrated marriages, while Kansas still recognizes neither.

  • 3. scream4ever  |  February 8, 2015 at 5:31 pm

    The Kansas Department of Health is the only agency in the state which recognizes the marriages.

  • 4. 1grod  |  February 8, 2015 at 7:56 pm

    These additional counties to those above, comprising in aggregate 64% of the state population will also offer licenses: Chilton, Cleburne, Cullman, Etowah, Marion and Talladega

  • 5. DeadHead  |  February 8, 2015 at 2:02 pm

    “Here is a list (by county) of officiants who have volunteered to perform wedding ceremonies for same-sex couples in Alabama on Monday February 9, 2015. If you need a wedding officiant, please contact one of these volunteers and discuss logistics and confirm they are ordained.”

  • 6. davepCA  |  February 8, 2015 at 2:19 pm

    Just wanted to say thank you, thank you, thank you, Scottie, for posting this new article on a Sunday. The previous one was getting pretty busy and hard to follow after the 100 post thread collapse. This will make it much easier for all of us to follow breaking events through Monday morning!

  • 7. brooklyn11217  |  February 8, 2015 at 4:16 pm

    And there is this report (sorry if it has been posted earlier), saying no ruling is likely.

    Not sure whether to believe this source, but given that there is not that much time left, it does seem possible that SCOTUS will take no action….

  • 8. samg68  |  February 8, 2015 at 4:34 pm

    Only says what we already know, that the Supreme Court clerk said not this weekend. The court can do what it likes, including waiting until the very last minute.

  • 9. flyerguy77  |  February 8, 2015 at 4:54 pm


  • 10. RobW303  |  February 8, 2015 at 9:58 pm

    I wouldn't be surprised if Justice Thomas takes it upon himself to grant a temporary extension until there IS a decision about a more permanent stay from the full court.

  • 11. SethInMaryland  |  February 8, 2015 at 10:01 pm

    i don't think so, if he was going to that he would have done it a few days ago, i think he plans on lettting it expire and looking at on friday with the full court with marriages license being issued

  • 12. Tony MinasTirith  |  February 9, 2015 at 12:20 am

    The most likely Scenario.

  • 13. VIRick  |  February 8, 2015 at 4:46 pm

    Here's why time does matter in each and every marriage equality case:

    MUNSTER, IN — A terminally-ill woman whose desire to have her same-sex marriage recognized by Indiana before she died, and who helped galvanize efforts to overturn the state’s same-sex marriage ban, has lost her battle with cancer. Niki Quasney died Thursday, 5 February 2015, gay rights advocacy group Lambda Legal stated. She was 38.

    Quasney and Amy Sandler challenged Indiana’s ban on same-sex marriage as Quasney neared the end of a years-long battle with ovarian cancer. The couple from Munster, which is in northwest Indiana and just south of Chicago, obtained a civil union in Illinois in 2011 and married in Massachusetts in 2013. They wanted Sandler listed as Quasney’s spouse on her Indiana death certificate to ensure that Sandler and the couple’s two young children received the death benefits to which married couples are entitled. At the time, Indiana didn’t allow same-sex marriage and refused to recognize such marriages obtained elsewhere.

    A federal judge in April 2014 granted the couple’s emergency request to have their marriage recognized. Judge Richard Young then ruled in June 2014 that the state’s same-sex marriage ban was unconstitutional, sending hundreds of same-sex couples across the state to county clerks’ offices for impromptu weddings during a 2 1/2 day "window.". The state appealed Young’s ruling, and the 7th Circuit Court of Appeals granted a stay that put each of those marriages in limbo. But Quasney and Sandler’s union was still recognized, and for a time they remained the only legally-married same-sex couple in the state. In September 2014, the 7th Circuit Court issued a scathing, unanimous ruling upholding the overturning of the same-sex marriage bans in both Indiana and Wisconsin (Posner's epic "Go figure" ruling). The subsequent appeals to SCOTUS resulted in their being denied certiorari on 6 October 2014.

  • 14. Zack12  |  February 8, 2015 at 4:47 pm
    Just a reminder that the judges talking about their religion and how they should get a pass on refusing to do their jobs because of that is nothing new.

  • 15. RnL2008  |  February 8, 2015 at 5:59 pm

    They should be FIRED for not doing their jobs……if they AREN'T asking every heterosexual couple about previous marriages, adultery or fornication, then they are ONLY trying to apply their religious beliefs towards Gay and Lesbian couples……that's NOT being a good Christian, that's CHERRY picking what supposedly part of the bible you want to follow……and either SIN is SIN or it's NOT, one DOESN'T get to decide for themselves!!!

  • 16. RobW303  |  February 8, 2015 at 9:55 pm

    Why not? The whole thing is mythology—a lot of someones just made it up, to suit their own agenda.

  • 17. Wolf of Raging Fires  |  February 8, 2015 at 5:33 pm


    How are all of you here doing this evening? 🙂

  • 18. jcmeiners  |  February 8, 2015 at 5:55 pm

    Wiggle wiggle?

  • 19. Wolf of Raging Fires  |  February 8, 2015 at 6:27 pm

    Always. I will probably wiggle myself tomorrow. We'll see how the day goes.

  • 20. jcmeiners  |  February 8, 2015 at 7:04 pm

    I'll keep my fingers crossed that the news tomorrow will be wiggle-worthy!

  • 21. Wolf of Raging Fires  |  February 8, 2015 at 7:06 pm

    Same here!

  • 22. brandall  |  February 8, 2015 at 7:18 pm

    Tax time. Ugh.

  • 23. Wolf of Raging Fires  |  February 8, 2015 at 7:20 pm

    Annoying, aren't they? I'm glad I got mine done not long ago.

  • 24. RnL2008  |  February 8, 2015 at 7:24 pm

    I have no taxes to file this year……..but I'd rather have to file taxes if it meant being able to support my family!

  • 25. Wolf of Raging Fires  |  February 8, 2015 at 7:28 pm

    I definitely get that, love. I hope your economic situation improves.

  • 26. RnL2008  |  February 8, 2015 at 7:39 pm

    Hopefully it will……but I'll let ya know in a private e-mail!

  • 27. Wolf of Raging Fires  |  February 8, 2015 at 7:50 pm

    Okay, sounds good, Rose.

  • 28. RnL2008  |  February 8, 2015 at 8:00 pm


  • 29. Wolf of Raging Fires  |  February 8, 2015 at 8:03 pm


  • 30. davepCA  |  February 8, 2015 at 7:48 pm

    Hee hee. "wiggle-worthy". Hee hee.

  • 31. Wolf of Raging Fires  |  February 8, 2015 at 7:50 pm


  • 32. davepCA  |  February 8, 2015 at 8:14 pm

    Aw some grumpy gus's don't seem to appreciate your wiggling. Meh. Their loss.

  • 33. Wolf of Raging Fires  |  February 8, 2015 at 8:25 pm

    Pretty much, lol.

  • 34. dorothyrothchild  |  February 8, 2015 at 7:25 pm

    I wish there was a countdown clock. Less than 12 hours now!

  • 35. Wolf of Raging Fires  |  February 8, 2015 at 7:28 pm

    Would be nice, right? There must be some way to embed one in a comment…

  • 36. Ryan K (a.k.a. KELL)  |  February 8, 2015 at 7:48 pm

    Was it even suggested that a county would open up their doors at Midnight (or 12:01 AM if you prefer) on Monday, February 9, 2015, and issue a marriage license and marry someone? It was all the rage here in South Florida when Hinkle's stay expired.

  • 37. Wolf of Raging Fires  |  February 8, 2015 at 7:51 pm

    I haven't seen anything to suggest such. Sounds like a good idea to me though.

  • 38. davepCA  |  February 8, 2015 at 7:54 pm

    HEY – THAT is significant – Because since SCOTUS didn't say anything over the weekend, and won't say anything (good or bad) until at least 8 AM eastern time, that creates a seven-hour window between the end of the stay and any possibility of a 'last minute' statement from SCOTUS, in which marriages can take place NO MATTER WHAT happens at 8AM….

    I'm sure that SCOTUS would already be well aware of this, which means there's pretty much zero chance of them saying anything we don't want to hear at 7 AM.

  • 39. scream4ever  |  February 8, 2015 at 7:44 pm

    Roy Moore attempts final, desperate act to stop equality in Alabama:

  • 40. davepCA  |  February 8, 2015 at 7:47 pm

    That bluff will be called. I hope it gives him a stroke.

  • 41. Wolf of Raging Fires  |  February 8, 2015 at 7:59 pm


  • 42. RnL2008  |  February 8, 2015 at 8:04 pm

    I think Moore should SHUT his flipping mouth as he has NO authority to tell ANYONE what they should or shouldn't follow and if these idiots follow his advice, then Moore and ANY other person who fails to follow the ruling of a Federal Circuit Court Judge should be thrown in jail on contempt charges……that's what would happen if ANYONE of us failed to follow a ruling!!!

  • 43. Ryan K (a.k.a. KELL)  |  February 8, 2015 at 8:05 pm

    WOW. I mean holy shit – is this true? He just made an affront on the United States Constitution with an unsolicited order that is not a matter before the Alabama Supreme Court.

    If that ethics complaint wasn't looking promising before, it has much more to it now.

  • 44. flyerguy77  |  February 8, 2015 at 8:13 pm

    OOPS MY BAD When I READ that article. I almost blow up.. now Moore crossed the legal and ethnically lines

  • 45. Sagesse  |  February 8, 2015 at 8:35 pm

    I'm speechless. Ordinarily it would be the state AG who would instruct probate court judges to obey Judge Granade's order (assuming SCOTUS does not extend the stay) even while the state continues to appeal it… but he doesn't want to.

    It's Alabama.

  • 46. RobW303  |  February 8, 2015 at 9:48 pm

    That gets into the whole question of whether the probate judges are under the judicial branch, the executive branch or (in terms of duties) both. And the AG already professed he (Strange) had no power over the issuing of licenses. If he tries to pull anything, I wonder if he can be charged with perjury?

  • 47. Tony MinasTirith  |  February 8, 2015 at 8:51 pm

    I knew it! It was only a matter of time before he went from an advisory opinion to an all out Order, by the CJ of the Alabama Supreme Court. He's now daring the federal judiciary. Let's hope his colleagues on the state Supreme Court again vote in unison to censure and nullify his so called order. This is the question, who will stop him? His colleagues? The Governor? The Alabama judicial commission? The POTUS? If this article is true and accurate it will be showdown time in Alabama! The Democrat probate judges won't be intimidated by this little man shaking his big stick.

  • 48. VIRick  |  February 8, 2015 at 9:10 pm

    In his order, besides putting pressure on the 67 county probate judges, Moore says this:

    "…. it would be the responsibility of the Chief Executive Officer of the State of Alabama, Governor Robert Bentley… to ensure the execution of the law."

    So, Governor Bentley's perfect rejoinder to this would be: "Of course, it is. And the state of Alabama will be following the federal court order."

    I particularly dislike Moore's manner of throwing "blame," not only onto the 67 probate judges, but also onto Governor Bentley.

    It's an open secret that Moore (after two unsuccessful tries), wants to run for governor, and thinks that this issue, and his maneuvering, will play to the low-information trailer-trash, and thus garner him votes in the next election cycle, thus unseating Governor Bentley.

  • 49. Tony MinasTirith  |  February 8, 2015 at 9:23 pm

    Ahhhh hahhh! So Moore is putting Gov. Bently on the hot seat, forcing him to take a stand. Where will gov Bently's loyalties lie? I thought all along The Gov and Moore and Satan were in league with one another. Anyone know where Bently will side? Will he be the 21st century version of George Wallace? Is he going to [Grand]stand in front of the court house to stop sweet little old gay couples from marrying?

    I don't think SCOTUS has the 5 votes to extend Alabam's stay. If they did they would have issued it by last Friday. TMO

  • 50. VIRick  |  February 8, 2015 at 9:46 pm

    No, Governor Bentley is not a George Wallace type. Nor for that matter, is AG Luther Strange. Both are run-of-the mill "new South" Republicans. Neither have the insistant doggedness of AG Bondi of Florida, for instance.

    But Roy Moore's a chump, as he's really not standing in the courthouse door the way George Wallace personally "stood in the schoolhouse door." Instead, he expects others to do the dirty work for him. And if they don't, then he'll embarrass them for being "weak" and "wishy-washy." This is exactly what's he's hoping to do to Governor Bentley.

    But Tony, I like your "little old gay couples" concept. It worked well in Florida, given all the retirees there, and really shamed Bondi. The media was particularly keen on playing up how long certain couples had already been together before they were finally able to get married,– like the two sweet, charming, elderly Southern ladies, well into their 80s, who were first-in-line for a marriage license at the courthouse in Putnam County. Also, the two who were first-in-line in Pasco County definitely did not qualify as "spring chickens" either, as both were grandmothers with grown, adult children, and brought the entire family entourage with them to the courthouse.

    So yes, the "sweet little old gay couples" concept is definitely a good means to win hearts and influence people into understanding just how much of a narrow-minded, bigoted ass-hat Moore really is.

  • 51. Tony MinasTirith  |  February 8, 2015 at 10:56 pm

    So, if Gov. Bently doesn't follow Moore's "order" (which he shouldn't), who is Moore going to get to enforce his "order"??? The sheriff of Nottingham? In order to quelch this made up stand off between Judge Moore and the district court, Gov Bently or the rest of the Alabama Supreme Court needs to step in and put an end to Moore's last histrionic stand. One or the other needs to tell him "Be gone! You have no power here!" Moore's little insurrection needs to be nipped in the bud now before it takes root and spreads to Texas and Kansas. This is why the federal district judge needs to declare the appropriate laws unconstitutional, null and void, and no one in Alabama may any longer rely on these stricken unconstitutional laws to deny the civil rights guaranteed to all citizens by the US constitution. The district court's determination is final until or unless the judgement is overturned by the circuit above or by order of the US Supreme Court.

    If the state chooses to disobey a federal court order, AG Eric Holder should send in the 2nd Infantry to Alabama to insure compliance with the LAW. Arrest Moore and send him to Gitmo to await trial.

    All of this has happened before. All of it will happen again…

  • 52. RobW303  |  February 8, 2015 at 9:43 pm

    It may be difficult to run from a prison cell.

  • 53. sfbob  |  February 8, 2015 at 9:51 pm

    I'm thinking Moore's stick is in fact rather small.

  • 54. flyerguy77  |  February 8, 2015 at 8:08 pm

    BREAKING NEWS…………… CHIEF MOORE STEPPED INTO BIG SHIT NOW OMG He ordered all probate judges not issue marriage license. HE CAN NOT DO THAT!!!!!!!!!

  • 55. Ryan K (a.k.a. KELL)  |  February 8, 2015 at 8:17 pm

    It's like a f'in Declaration of Straight-Marriage Independence. Quoting from his order, he actually thinks he's "helping" to harmonize everything: "To ensure the orderly administration of justice within the State of Alabama, to alleviate a situation adversely affecting the administration of justice within the State, and to harmonize the administration of justice between the Alabama judicial branch and the federal courts in Alabama:"

    Well he takes the cake, no question.

  • 56. Tony MinasTirith  |  February 8, 2015 at 11:10 pm

    Moore makes Pam Bondi look like Rebecca of Sunnybrook farm.

  • 57. RnL2008  |  February 8, 2015 at 8:20 pm

    I'd say that Moore has violated his oath of office and continues to show his arrogance for the United States Constitution and has put the Probate Judges in a rather difficult position because they are required to follow the United States Constitution which overrides the State Constitution of ?Alabama…….someone NEEDS to arrest Moore and ANY other idiot who DOESN'T do their job and throw them in jail for contempt!!!

  • 58. VIRick  |  February 8, 2015 at 8:28 pm

    It appears as if Roy Moore is grandstanding in a last-ditch drama in front of the courthouse door, reminiscent of George Wallace, as this matter is not before an Alabama state court, and therefore, has no need for any "opinion" or "order" from the Alabama Supreme Court, or any member of it.

  • 59. samg68  |  February 8, 2015 at 8:31 pm

    The point being the confusion he predicted hadn't materialised, so he's creating some of his own. Really not a clever way to go about it though.

  • 60. Waxr  |  February 8, 2015 at 9:31 pm

    Up until now, after appeals and stays had been exhausted, the marriages had proceeded with few problems or disruptions. But in Alabama we have the state Chief Justice giving orders to probate judges not to issue or recognize SSM licenses, Then we have pro and anti SSM rallies in Anniston, and Huckabee's recent statements in opposition. Still, I predict the atmosphere will be peaceful with few if any incidences.

  • 61. Sagesse  |  February 8, 2015 at 8:45 pm

    From the New York Times

    In Alabama, Judge Defies Gay Marriage Requirement

  • 62. Sagesse  |  February 8, 2015 at 8:57 pm

    HRC, SPLC blast Justice Roy Moore on marriage license order

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