BREAKING: Supreme Court won’t stop same-sex couples from marrying in Alabama
February 9, 2015
LGBT Legal Cases Marriage equality Marriage Equality Trials
This morning, the Supreme Court denied Alabama’s request to put same-sex marriages on hold pending the appeal of two cases.
Justice Thomas and Justice Scalia dissented, writing, “Todayβs decision represents yet another example of this Courtβs increasingly cavalier attitude toward the States. Over the past few months, the Court has repeatedly denied stays of lower court judgments enjoining the enforcement of state laws on questionable constitutional grounds. See, e.g., Maricopa County v. Lopez-Valenzuela, 574 U. S. ___, ___ (2014) (slip op., at 2) (THOMAS, J., joined by SCALIA, J., respecting denial of application for stay) (collecting cases). It has similarly declined to grant certiorari to review such judgments without any regard for the people who approved those laws in popular referendums or elected the representatives who voted for them. In this case, the Court refuses even to grant a temporary stay when it will resolve the issue at hand in several months. I respectfully dissent from the denial of this application.I would have shown the people of Alabama the respect they deserve and preserved the status quo while the Court resolves this important constitutional question.”
The decision means marriages can move forward this morning.
At least one county has begun issuing licenses.
Thanks to Equality Case Files for these filings
206 Comments
1.
RQO | February 9, 2015 at 6:17 am
This was fast, Scottie, thanks. Surprised you can manage to type.
2.
Scottie Thomaston | February 9, 2015 at 6:28 am
It's so surreal to me! I'm trying to wrap my head around it.
3.
davepCA | February 9, 2015 at 6:17 am
Just saw the first photo of a same sex couple getting their license, in Jefferson County!
http://www.al.com/news/index.ssf/2015/02/alabama_…
4.
davepCA | February 9, 2015 at 6:44 am
….. and the first photo I've seen of the actual civil marriage ceremony, also in Jefferson County:
http://www.al.com/news/index.ssf/2015/02/alabama_…
5.
tigris26 | February 9, 2015 at 6:17 am
YAY! *shakes pom-poms* It was 7-2, Thomas and Scalia dissenting! Not surprised at all by that.
6.
Rick55845 | February 9, 2015 at 6:24 am
I just want to point out that we don't know that the vote to deny the stay was 7-2. All we know is that at least 5 Justices voted to deny the stay, and that 2 Justices went on record to dissent.
7.
MichaelGrabow | February 9, 2015 at 6:26 am
People really refuse to understand this.
8.
brandall | February 9, 2015 at 6:32 am
Correct, we don't know the vote. But, then the L.A. Times first sentence of their article says, "The Supreme Court on Monday by a 7-2 vote refused to block gay marriages from beginning in Alabama,"
http://www.latimes.com/nation/la-na-gay-marriage-…
9.
Rick55845 | February 9, 2015 at 6:36 am
Which just goes to show, IMO, that a lot of people, including media, don't understand that failure to write or join a dissent doesn't imply a vote with the majority.
Right, so people can easily get the wrong idea if they assume the media knows the score.
10.
RobW303 | February 9, 2015 at 8:32 am
Such as when Fox News reports on … well, anything.
11.
Tony MinasTirith | February 9, 2015 at 6:44 am
not me.
12.
tigris26 | February 9, 2015 at 6:27 am
Gotcha. Sorry, I must have misread someone else's comment about who voted to deny the stay.
13.
MichaelGrabow | February 9, 2015 at 6:35 am
My comment above was not meant to be snarky towards you at all by the way. I have seen no less than twenty people think the same thing.
14.
JayJonson | February 9, 2015 at 6:26 am
We do not know that it was 7-2. We only know that at least 5 justices voted in favor of denying the stay and that two (Scalia and Thomas) dissented.
15.
Zack12 | February 9, 2015 at 6:31 am
I still say it's going to be 5-4 us.
16.
JayJonson | February 9, 2015 at 7:15 am
Yes, me too. We know who the five are and who the four are. It will be the Windsor majority for justice and the RATS against.
17.
sfbob | February 9, 2015 at 6:18 am
Congratulations Scottie. You must be loving this.
18.
Scottie Thomaston | February 9, 2015 at 6:29 am
Thank you!! And I am so excited! It's unreal. There are already photos of people getting married here, I'm tearing up.
19.
AndresM11 | February 9, 2015 at 7:01 am
Congratulations Scottie!!!! π It's a historic day for all our LGBT brothers and sisters in Alabama
20.
Scottie Thomaston | February 9, 2015 at 7:38 am
Thanks! π
21.
Steve27516 | February 9, 2015 at 7:43 am
Scottie – I'm so happy for Alabama, and especially for you! Thank you for all you do for all of us via EoT!
22.
Scottie Thomaston | February 9, 2015 at 7:47 am
Thank you π
23.
josejoram | February 9, 2015 at 6:18 am
Oooooooh, yeaaaaah! Does this mean we certainely have the votes in SCOTUS?
24.
Zack12 | February 9, 2015 at 6:20 am
IMO, I think it means we have five votes.
I'm not holding my breath that Roberts or Alito will be on our side in the end, just that they have given up on trying to change Kennedy's mind.
25.
netoschultz | February 9, 2015 at 6:23 am
Thomas and Scalia already said they wanted the Court to review the marriage cases in October.. If Alito joined them, Roberts had to vote with Kennedy and the liberals.. So there is a possibility that he join us in June
26.
JayJonson | February 9, 2015 at 7:16 am
Huh? This makes no sense. It takes only 4 votes to grant cert.
27.
Ryan K (a.k.a. KELL) | February 9, 2015 at 9:58 am
The denial of cert that took place in October with the 4CA, 7CA, & 10CA… Since we know that both Thomas and Scalia voted for cert, assuming their pet puppet Alito wagged his tail and voted for cert as well, that means CJ Roberts had to vote against cert along with Kennedy and the progressive wing.
Then extrapolating that, there could be (I still doubt it) a chance Roberts would vote for marriage equality in OBERGEFELL. My money remains on 5-4.
28.
AndresM11 | February 9, 2015 at 6:24 am
Excellent!!! Another day, another victory for equality!!
Rose, please add the 37th star to your flag π
Now let's hope this bigot CJ Moore gets the message and complies with an order from a Federal Judge that the Supreme Court of the land has allowed to go into effect.
29.
brandall | February 9, 2015 at 6:25 am
And SCOTUS waited until the very last possible minute for….what reason?
30.
RQO | February 9, 2015 at 6:28 am
My guess would be Thomas's dissent writing, and his being in charge of the 11th.
31.
Scottie Thomaston | February 9, 2015 at 6:29 am
I'd guess the dissent wasn't finished.
32.
1grod | February 9, 2015 at 6:39 am
brandall: It may well be that the Supremes anticipated Ray Moore's actions, and wanted to make a point that they trump the Chief Justice of a state's supreme court. Releasing the dissent opinion ensures that States know that they have strong advocates at the Supreme Court. IMO, while I agree with RQO that Thomas or his clerks were unlikely to have had enough time to have the opinion ready on Friday, it is plausible that the Court would have preferred not to have released any opinion at all. By midnight last evening, it was obvious that the Supreme card needed to be played. G
33.
JayJonson | February 9, 2015 at 7:22 am
I think we are overanalyzing this. SCOTUS rarely ignores a request from a state Attorney General. It would be a dereliction of duty for the Court to have done nothing at all. The lateness of the denial may have been caused by a number of factors, including the time to write the dissent (although that surely did not take very long–it is only a page and a half at most–and perhaps wanting to make sure that a crazed person like Moore did not do something stupid or simply to create the appearance that the Court was considering the issue carefully. But the Court would not ignore a petition from a state unless it was clearly frivolous.
34.
DeadHead | February 9, 2015 at 6:26 am
Congrats to all the Alabama couples! I'm hoping the Georgia couples will ask the 11th CA to let them marry too.
35.
wes228 | February 9, 2015 at 6:27 am
From Scalia's dissent:
"This acquiescence may well be seen as a signal of the Court’s intended resolution of that question."
A good sign? π
36.
jcmeiners | February 9, 2015 at 6:32 am
Despite popular belief to the contrary, Thomas can count to five or he wouldn't have written this.
37.
wes228 | February 9, 2015 at 6:32 am
Right it was actually Thomas who wrote the dissent and Scalia signed onto it. Normally it's Scalia who does the whining with Thomas joining.
38.
josejoram | February 9, 2015 at 6:33 am
Yes indeed!
39.
samg68 | February 9, 2015 at 6:37 am
He should have learnt from Scalia's forays into prophetic commentary…
"Yes Thomas, we agree"
40.
DeadHead | February 9, 2015 at 6:34 am
“two men handing out information from a Jacksonville Alabama church supporting traditional marriage” And when you’re bored what better way to kill some time? Play pocket pool. https://twitter.com/billatalcom/status/5647818935…
41.
davepCA | February 9, 2015 at 6:38 am
hee hee.
42.
guitaristbl | February 9, 2015 at 6:34 am
"Over the past few months, the Court has repeatedly denied stays of lower court judgments enjoining the enforcement of state laws on questionable constitutional grounds. "
Questionable for Thomas, Scalia and just 6 out of numerous federal justices all over the US and accross the ideological spectrum.
"It has similarly declined to grant certiorari to review such judgments without any regard for the people who approved those laws in popular referendums or elected the representatives who voted for them."
And it should not have any regard for representatives pushing amendments with the purpose of boosting social conservative turnout to elect Bush in 2004, who had no regard for the constitutional grounds they were steeping onto with their choices. Constitutional law dear justice Thomas does not become more lenient with laws if they are voted by mob groups. Maybe you should sit down along with Sutton for some Constitutional law 101.
"This acquiescence may well be seen as a signal of the Court’s intended resolution of that question. This is not the properway to discharge our Article III responsibilities. And, it is indecorous for this Court to pretend that it is."
You may have got it right with your first sentence. As for what is proper and what is not, I don't think a man who got on bench on questionable grounds and always had little if any respect for the constitution is in any place to judge.
Now suck it and deal with it along with Scalia.
What happened and Thomas wrote than one ? Is Scalia getting tired of writing dissents on gay rights cases ?
43.
DaveM_OH | February 9, 2015 at 6:40 am
Thomas is the Justice responsible for handling motions from the 11th Circuit's jurisdiction (including Alabama). It was appropriate that he should write for this motion.
44.
1grod | February 9, 2015 at 7:03 am
Dave good point. Other than Ray Moore who else might benefit from this inside view of the tensions within the Supreme Court. Hopefully, the panel of the 5th circuit appeals court will be embolden with the information Thomas has provided them. Wishful thinking: Appeal panel 1st Circuit (Puerto Rico), 8th Circuit Court of Appeals who were asked in December to vacate the stay from the lower court in Lawson v Jackson (Missouri) etc.
45.
RobW303 | February 9, 2015 at 8:38 am
It's like teaching a child to write: first you show them how to do it a few times, then you grab their hand and trace over the letters, so they can learn to do it themselves. ;-}
46.
netoschultz | February 9, 2015 at 6:34 am
Bibb County Probate Judge Jerry Pow said he is not issuing marriage licenses to any couples this morning. When asked why, he said: "I don't know whether I want to defy the Chief justice of the state Supreme Court or a federal judge."
47.
davepCA | February 9, 2015 at 6:41 am
Well, frankly, he SHOULD know that. He shouldn't have the job if he doesn't.
48.
1grod | February 9, 2015 at 7:43 am
Bibb is a loss from the inclusion count of yesterday. Perhaps by this afternoon Judge Pow will have second thoughts.
49.
netoschultz | February 9, 2015 at 6:35 am
Washington County Judge Nick Wiliams on his refusal to marry gays: "I'm not worried about following the U.S. constitution."
50.
davepCA | February 9, 2015 at 6:41 am
Yes, it's clear that he's not worried about that. But he should be.
51.
Raga | February 9, 2015 at 6:55 am
That's contrary to the oath he took when he took office to follow the U.S. Constitution. (Roy Moore himself says so in the first page of his administrative order.)
52.
brandall | February 9, 2015 at 7:05 am
So? Sincerely, if he is completely ignoring the U.S. Constitution, why should he acknowledge he must uphold an oath. All he has to say is how the oath violates the Alabama Constitution. Any form of logic does not exist with this guy. He is the KKK in a pink pillowcase.
53.
Raga | February 9, 2015 at 7:11 am
Sure, I was just pointing out a fact.
54.
guitaristbl | February 9, 2015 at 6:52 am
Yeah why he should be ? After all Alabama has been granted a special status that while maintaining their priviliges as a state of the union, they are not subjected to the mandates of the US constitution. What ? That's not the case ?
I do wonder how people that make such statements are able to keep their positions as public officials…
55.
RQO | February 9, 2015 at 7:23 am
The slave states have a long tradition of "exceptionalism". Poke 'em and you will hear the "nullification" argument first, and "secession" second. Third is silence as they count the federal government dollars they receive as opposed to the taxes they pay.
56.
MichaelGrabow | February 9, 2015 at 7:43 am
Why in the world is that man allowed to be a judge then?
57.
1grod | February 9, 2015 at 7:44 am
Washington was not in the inclusion count of yesterday.
58.
1grod | February 9, 2015 at 7:54 am
Neto: The loss of Mobile to the inclusion group of yesterday is a disappointment. With respect to Randolph County, it was not counted yesterday. While not exhaustive, it had said that the 'then' inclusive counties' residents comprised at least 65% of the state population.
59.
RobW303 | February 9, 2015 at 8:40 am
Do I smell a contempt citation and/or ethics charge?
60.
Waxr | February 9, 2015 at 6:38 am
The normal rule for courts is to not make a decision if you do not have to. The Supreme Court could have just let the stay run out. However, Row Moore's order may have prompted the Court to act in order to clearify the issue.
61.
Raga | February 9, 2015 at 6:56 am
Possible, but I can't see the Justices all voting and then Thomas writing his dissent just overnight. I think the more possible outcome was that a vote was taken last week, and Thomas said he'd write the dissent over the weekend.
62.
wes228 | February 9, 2015 at 6:58 am
The Supreme Court normally responds to stay requests, either granting or denying them.
63.
JayJonson | February 9, 2015 at 7:26 am
No. It would be highly unusual for SCOTUS to ignore a petition from a state attorney general. They almost always respond to such petitions, either granting them or denying them. If Moore's disgraceful action had any effect, it was entirely peripheral.
64.
Sagesse | February 9, 2015 at 6:43 am
Now to sit back and watch the reaction to Judge Moore play out. Governor Bentley is supposed to have a news conference sometime this morning.
65.
Zack12 | February 9, 2015 at 6:45 am
One thing to keep in mind folks, Thomas is no dummy.
He is simply a right wing hack who has mind made up on any issue before he evens hears it.
Hence the reason he never asks questions at SCOTUS, no need to when you already have your mind made up.
66.
netoschultz | February 9, 2015 at 6:48 am
Couples are reporting being denied in Houston County, Marshall County, Calhoun County, Dekalb County, Tusclossa County
67.
jcmeiners | February 9, 2015 at 6:52 am
I hope they will all ask to be added to the federal case, as the judge suggested. That should get them an enforceable court order quickly, and they can recover costs.
68.
netoschultz | February 9, 2015 at 6:52 am
UPDATE: Cullman County
69.
1grod | February 9, 2015 at 7:35 am
Cullman is a loss for the inclusion group of counties per yesterday reports
70.
netoschultz | February 9, 2015 at 7:04 am
UPDATE: Lee County
71.
1grod | February 9, 2015 at 7:33 am
Lee was not in the inclusion camp yesterday!
72.
1grod | February 9, 2015 at 7:39 am
Tusclossa and Marshall are a loss from the inclusion group as reported yesterday. Hopefully Tusclossa will rethink its position once it learns of the denial by the Supremes. At least one of the others had declared exclusion.
73.
netoschultz | February 9, 2015 at 6:50 am
FOX10 News has confirmed Baldwin County Probate Judge Tim Russell has said the county will not be issuing marriage licenses to same-sex couples Monday. Instead, he said the county will be accepting applications for marriage, but putting them on hold.
http://www.wsfa.com/story/28059021/baldwin-county…
74.
JayJonson | February 9, 2015 at 7:28 am
Hope that a lot of attorneys make some easy money by getting these counties to pay their fees for suing these probates judges on behalf of the couples that they have discriminated against.
75.
1grod | February 9, 2015 at 7:33 am
Baldwin being in the exclusion camp – is it really – is a loss for now!
76.
Scottie Thomaston | February 9, 2015 at 7:39 am
Baldwin is my county. I've called them. Awaiting a call back. It SEEMS like only that one judge is refusing. And others won't refuse. But I'll have to report back when I get more info.
77.
1grod | February 9, 2015 at 8:25 am
Thank Scottie. Baldwin's inclusion would take known inclusive counties up 5+% to 35% of the state population.
78.
Tony MinasTirith | February 9, 2015 at 6:52 am
To Justice Thomas, try replacing gay people with black people… in letting people have a referendum to withhold rights. Still on board with that? Still owe deference to the people's vote?
79.
Raga | February 9, 2015 at 7:00 am
I see your point, but at this point, concerning a stay when the Court hasn't decided the question on the merits, that's an improper analogy.
80.
Tony MinasTirith | February 9, 2015 at 7:08 am
It's proper all right baby!
81.
Raga | February 9, 2015 at 7:14 am
How so, Tony?
82.
Tony MinasTirith | February 9, 2015 at 7:21 am
My comment was in reference to a point made in a published dissent, not a question at or for oral arguments. I'm within my rights to ask him to consider his same "point" with one slight alteration and a slightly altered perspective Raga π He made the point in no uncertain terms. There was no court involved in his statement nor any question :
So yeah, tooootally proper. π
83.
Raga | February 9, 2015 at 7:32 am
I agree that your analogy is on point if it was made in conjunction with the argument on "overruling the people" on the merits of the question. I do not, if it was made in conjunction with the same argument on the question of granting a stay. That's all. Sorry if that wasn't clear.
84.
Tony MinasTirith | February 9, 2015 at 7:46 am
Not a problem! Have some champagne! Marriage has come to the Deep South Today! In the reddest of red states! TODAY! And no riots in the cities nor a million moms (30k if we're to be honest) goose stepping in the streets! Its a time to celebrate… a time for peace. There is A time to embrace, and a time to refrain from embracing. A time to love, and a time to hate; a time of war, and a time of peace. A time for every purpose… under heaven!
CHEERS!
85.
dlejrmex | February 9, 2015 at 7:01 am
With Thomas, I don't think he would object even to that…
86.
Tony MinasTirith | February 9, 2015 at 7:09 am
probably not. probably not.
87.
netoschultz | February 9, 2015 at 6:53 am
Shelby County Probate Judge Jim Fuhrmeister has decided to not issue any marriage licenses due to conflicting orders from the federal judge and Alabama Chief Justice Roy Moore. Martin Reed Same is true in Butler and Dekald counties and elsewhere, reports Amy Yurkanin, and others.
88.
1grod | February 9, 2015 at 7:31 am
Shelby, Butler and de Kalb were never in the count of know "inclusive" counties
89.
micha1976 | February 9, 2015 at 1:35 pm
I think that's Shelby County of Shelby County vs. Holder which destroyed the voting rights act. Good to know they wont treat gays better than blacks…
90.
brandall | February 9, 2015 at 6:53 am
Here is a comment I wrote in September, 2014 on this site:
"History repeating itself, the South will not go down without a fight. Instead of the National Guard escorting students into a school, will we eventually see the National Guard escorting SSM couples into a County Clerk's office?"
We're not quite int this situation yet, but I'm old enough to know some things don't change as fast as they should..
http://www.equalityontrial.com/2014/10/09/even-fa…
91.
netoschultz | February 9, 2015 at 7:01 am
In Jefferson County, this judge is a GENIOUS
Judge King said he had attorneys researching the law and believes he is on firm legal ground to issue marriage licenses. He added that Chief Justice Moore does not have the legal authority to stop him.
92.
netoschultz | February 9, 2015 at 7:03 am
Probate judge Steven Reed is issuing licenses in Montgomery County, meaning two counties freighted with painful and proud civil rights history – Birmingham and Montgomery – are now celebrating same-sex marriages.
http://www.theguardian.com/world/live/2015/feb/09…
93.
guitaristbl | February 9, 2015 at 7:03 am
So, so far its only Jefferson and Montgomery counties issuing ? Sure they are the biggest but still…
94.
1grod | February 9, 2015 at 7:22 am
Neto and bl: Those 2 counties represent 23% of the population of the state. There are more and please keep posting the where it's happening. It is not Kansas – where there is only celebration. In this instance, there is celebration and recognition of in and out of state!
95.
1grod | February 9, 2015 at 8:03 am
As for Pike and Elmore neither were in the inclusive counties.
96.
netoschultz | February 9, 2015 at 7:05 am
Alabama Attorney General Luther Strange responds to U.S. Supreme Court's decision not to grant the State of Alabama's motion for a stay.
"I regret the Supreme Court's decision not to stay the federal district court's ruling until the high court finally settles the issue this summer," said Attorney General Strange. "In the absence of a stay, there will likely be more confusion in the coming months leading up to the Supreme Court's anticipated ruling on the legality of same-sex marriage.
…The Chief Justice has explained in a public memorandum that probate judges do not report to me. I advise probate judges to talk to their attorneys and associations about how to respond to the ruling. Furthermore, I encourage any state agencies with questions about the ruling in Searcy and Strawser to contact the Governor's Office."
97.
guitaristbl | February 9, 2015 at 7:08 am
So he basically said nothing that could help (expected). We are heading to a Kansas situation where the governor and the AG have been substituted by an out of control chief judge.
98.
brandall | February 9, 2015 at 7:18 am
"there will likely be more confusion in the coming months"….
The ONLY thing they will be confused about is how the legal bills they will have to pay came out to be so much money. Mr. Strange, read up on the Idaho legal bills.
99.
Sagesse | February 9, 2015 at 7:26 am
Ever since Judge Moore issued his 'order', I've wondered whether he is providing 'cover' for the governor and the AG. Or he thinks he is providing cover. This suggests at least the AG is using that reasoning… 'hey, the chief judge says you guys don't report to me'.
100.
Waxr | February 9, 2015 at 8:33 am
Attorney General Luther Strange should follow his own advice and talk to his attorneys and associates about how to respond to the ruling. Then he could hand that advice down to the probate judges.
101.
Tony MinasTirith | February 9, 2015 at 7:05 am
Now for the icing on the cake… we just need the 5th CA to make Texas, Louisiana and Mississippi states 38, 39, and 40 today! And as for asking SCOTUS for a stay.. TX, LA, Miss…. Fogettaboutit… eh! π
102.
Zack12 | February 9, 2015 at 7:08 am
I think we won't see anything until March from the 5th.
If nothing else, we want to wait a little bit in order to ensure there won't be time for an en banc hearing which we are virtually certain to lose.
103.
Randolph_Finder | February 9, 2015 at 7:15 am
Judge Richard Posner is one of a kind, I don't expect that speed from the other CAs.
104.
Zack12 | February 9, 2015 at 7:18 am
It was also made easier in the 7th by the fact all three judges we got were in favor of equality.
105.
guitaristbl | February 9, 2015 at 7:17 am
Today it's exactly one month since the oral arguments. I suspect we will wait for about another month or so till we hear something from the 5th if at all.
106.
Tony MinasTirith | February 9, 2015 at 7:27 am
VISUALIZE people, Visual-ize!
Work with me here…
107.
JayJonson | February 9, 2015 at 7:31 am
On the other hand, if they ask the 5th Circuit for a stay, they will likely get it.
108.
Tony MinasTirith | February 9, 2015 at 7:48 am
Nah, it would go to the same panel. It will take the 5th 9 months just to take up a vote on an en banc.
109.
JayJonson | February 9, 2015 at 8:03 am
I think you underestimate the crazies on the Fifth Circuit. It may take 9 months to hear the cases en banc; it will not take 9 months to have an en banc vote on issuing a stay.
110.
Tony MinasTirith | February 9, 2015 at 8:11 am
I'll take your word for it. I don't know the .5th as well as you. Still, would be nice to have 40 b4 June.
111.
scream4ever | February 9, 2015 at 10:39 am
En banc panels don't have the authority to issue stays. They would have to petition directly to the US Supreme Court, and we all know what will happen…
112.
Raga | February 9, 2015 at 7:09 am
Now, Eighth Circuit Plaintiffs, please please ask for your respective stays to be lifted and fight it all the way to the Supreme Court. Please!
113.
josejoram | February 9, 2015 at 7:10 am
Just for our joy: http://en.m.wikipedia.org/wiki/Same-sex_marriage_…
114.
netoschultz | February 9, 2015 at 7:11 am
Chilton County Probate Judge Robert Martin said he will issue licenses to same-sex couples, but will not perform any marriages for any couples. He said he is following the federal court's order on the advice of legal counsel. When asked about Justice Roy Moore's order, he said, "I'm not sure it has any standing."
No same sex couples have applied for licenses yet, he said as of 8:45 a.m.
Choctaw County is not issuing any marriage licenses at all, said clerk Emily Jenkins.
115.
1grod | February 9, 2015 at 8:34 am
Neto I've affirmed Chilton in the count. Choctaw, with a population of 13633 was an unknown – not counted yesterday among the inclusive counties. You might have noticed that Scottie is clarifying Baldwin. Its inclusion would bring known Yes counties to 35% of the state's population. There must be a critical point of momentum where applications all turn to licenses.
116.
Tony MinasTirith | February 9, 2015 at 7:12 am
There's no stopping the Marriage Equality juggernaut now.
117.
netoschultz | February 9, 2015 at 7:19 am
Etowah County Probate Judge Bobby Junkins said his office will follow federal law regarding the issuance of marriage licenses, despite an order issued Sunday by Alabama Supreme Court Chief Justice Roy Moore instructing probate judges not to issue marriage licenses to same-sex couples.
http://www.gadsdentimes.com/article/20150209/NEWS…
118.
montezuma58 | February 9, 2015 at 7:21 am
Madison County is on board.
http://whnt.com/2015/02/09/live-blog-same-sex-mar…
119.
netoschultz | February 9, 2015 at 7:24 am
Therefore, by order of Chief Justice Roy Moore, the Elmore County Probate Office will not be issuing same sex marriage licenses until and unless ordered to do so by a higher authority or the chief justices' order is rescinded.
120.
MichaelGrabow | February 9, 2015 at 7:47 am
A higher authority? You mean like a Federal Judge?
121.
davepCA | February 9, 2015 at 7:51 am
Yeah. Or maybe a stay denial from SCOTUS?
122.
Tony MinasTirith | February 9, 2015 at 8:12 am
More like the baby jezus… I'm thinkin
123.
netoschultz | February 9, 2015 at 7:25 am
No same-sex marriage licenses or marriage ceremonies of any kind today in Jackson County according to WHNT News 19’s Laura Christmas.
124.
guitaristbl | February 9, 2015 at 7:32 am
Jackson, Lawrence, Morgan and Limestone counties not issuing any marriage licenses to any couple right now.
So Madison and Etowah plus Jefferson and Montgomery make 4 counties issuing. Mobile is also not issuing I think.
Colber, Franklin and Lauderdale counties allowing couples to file paperwork but are not issuing licenses.
"Tuscaloosa County is not issuing licenses. Couples were handed a copy of Chief Justice Roy Moore’s order"
I would just burn it right there and give them a copy of the rulings of judge Granade to read instead.
125.
montezuma58 | February 9, 2015 at 7:35 am
Chiton county said they would issue licenses if anyone showed up.
126.
RobW303 | February 9, 2015 at 9:45 am
Yes, the judge said he'd issue licenses, but won't officiate any marriages (presumably meaning gay or straight).
127.
1grod | February 9, 2015 at 8:14 am
These 4 plus Chilton inclusive counties alone represent 29% of the population of the state.
128.
montezuma58 | February 9, 2015 at 10:22 am
Etowah County was where Roy Moore held his first judgeship.
129.
RQO | February 9, 2015 at 7:40 am
Anything on Mobile (Mobile Co.? and Huntsville (Madison Co.?) With Birmingham and Montgomery that would put most citizens within almost reasonable (if shamefully discriminatory) distance to a marriage license.
I noticed the "streets closed off around the courthouse" in Montgomery. So far we have seen ME begin in quite a number of states where the average citizen is hostile to separation of church and state or just homophobic WITHOUT overt violence. I am so hoping this holds in AL. The NAACP was a huge help to us in Colorado. I am sorry to hear Jesse Jackson is visiting AL and not saying much in support.
130.
netoschultz | February 9, 2015 at 7:44 am
Mobile County is opening one window for "recording purposes only."
That means marriage licenses, gay and straight, still on hold in Mobile County.
131.
RQO | February 9, 2015 at 7:44 am
Montezuma – thanks for news above that Madison County is OK.
132.
franklinsewell | February 9, 2015 at 9:21 am
The lawyers for our side on the Searcy case filed a motion for contempt and request for immediate relief. The plaintiffs live in Mobile County, where the probate judge is not issuing any licenses. Here's a link from Equality Case Files: https://www.scribd.com/doc/255202631/1-14-cv-0020…
133.
netoschultz | February 9, 2015 at 7:41 am
Calhoun County judge Alice Martin refused six couples marriage licenses this morning, putting her in step with chief justice Moore
Randolph County judge George Diamond also said he would follow Moore’s order, with the Star quoting him as saying judges are “in a spot”.
134.
guitaristbl | February 9, 2015 at 7:42 am
What a mess :
http://www.al.com/news/tuscaloosa/index.ssf/2015/…
135.
Zack12 | February 9, 2015 at 7:45 am
I hope Judge Grande issues a new order soon stating that in she does have the authority to do what she did and that Judge Moore needs to back off.
136.
RQO | February 9, 2015 at 7:55 am
I should be happy, remembering back to last July in Colorado, where it was county clerks (in similar disarray) who broke the dam. Experience has proven that once marriages start, EVENTUALLY change happens (though the wait can be dreadful and long). FYI, I still cannot get the Governor, the Attorney General, my state Representative and State Senator, nor even the ACLU in Colorado to say my out-of-state (VT.) marriage license is officially recognized. It is de facto recognized, but good luck getting the state to change their laws to say so now that the Republicans control the State Senate.
137.
netoschultz | February 9, 2015 at 7:58 am
DeKalb County is issuing applications for marriage licenses. It’s not clear if the county will grant licenses today or just accept the paperwork.
138.
Fledge01 | February 9, 2015 at 8:01 am
This site is giving up-to-the minute updates on counties in Alabama: http://www.theguardian.com/world/live/2015/feb/09…
139.
1grod | February 9, 2015 at 9:33 am
Shelby, Pike and Marengo Judges will offer papers but won’t sign them . Note that the Alabama Vital Records apparently told the Association of Probate Judges that they would accept and process unsigned-by-the-judge documents. If you were to count these with Baldwin, COUNTIES WITH 42% OF THE STAE'S POPULATION are offering the required documents to be married. This is 20% less than the projection of yesterday. No doubt there are other counties willing to do so. Momentum is ours!
140.
brandall | February 9, 2015 at 8:08 am
Why is the media reporting "confusion" in Alabama? The only confusion is who is and who is not issuing licenses. Why aren't we seeing headlines that say "Outright Defiance of Federal Court Order in Alabama" … It is the defiance that is the root cause of the confusion. As another commentor posted above, if this were an "interracial couple refused license by Probate Clerk" perhaps the media would actually get it.
141.
Pat_V | February 9, 2015 at 8:13 am
Dear all,
It's been pretty difficult to keep track of the situation in each county, as we see tons of reports coming in about the situation on the ground.
So I've made a simple Google spreadsheet to keep track of the county-by-county developments. No login required, and anyone with the link should be able to edit it (simply put an "X" in the relevant column). I have only indicated the status of a few counties as I've read comments here and there: I need your help to update it!
https://docs.google.com/spreadsheets/d/1sOMXM59jZ…
142.
guitaristbl | February 9, 2015 at 8:22 am
I corrected Pike county which does not issue any licenses.
143.
miadavidbcn | February 9, 2015 at 8:25 am
Here is a link to Freedom to Marry's website that lists each Alabama County and its current status: http://www.freedomtomarry.org/pages/almarriage-co…
144.
Pat_V | February 9, 2015 at 8:35 am
But they seem to have almost all counties 'issuing licenses'. That's pretty odd, since the situation is evolving fast and many counties are only just making their decision. I wonder if Freedom to Marry simply put all counties as 'issuing licenses' by default, unless they have explicitly said otherwise… It seems doubtful that they managed to contact and get a definite answer from every single county.
145.
RobW303 | February 9, 2015 at 10:09 am
I'm sure they seeded their statuses from what counties said prior to Judge Moore's order and the convenient out. Don't place credence in them, any more than their current statuses on the various marriage cases, which are often months out of date and incomplete.
That said, they list Baldwin county as "confirmed" for issuing licenses.
146.
1grod | February 9, 2015 at 10:31 am
This is the list of counties' coordinates from my cross reference. G
147.
1grod | February 9, 2015 at 10:52 am
You have once again done a great job. I've updated it from the information I've assembled, including a couple where the judge has said:- will issue licenses but not sign them. The state's Vital Records said to the Probate Judges Association that they would accept and process these documents. Thank you, Pat.
148.
1grod | February 9, 2015 at 11:40 am
Pat- let's see how quickly your table moves from 32% to 60% inclusive counties now that the state's AG said that he won't oppose the lawyer's motion for contempt against Mobile probate judge Don Davies. This motion has been in court for less than 3 hours. Next contempt motion! Something about the Supremacy Clause.
149.
netoschultz | February 9, 2015 at 8:16 am
Lawyers in #ALmarriage case are drafting motion for federal court right now to force probate judge in Mobile to grant marriage licenses.
150.
SethInMaryland | February 9, 2015 at 8:23 am
good, this is crazy , these judges need to do their job
151.
JayJonson | February 9, 2015 at 9:01 am
Excellent news. They should request punitive damages as well as exorbitant attorney fees.
152.
franklinsewell | February 9, 2015 at 9:23 am
Here's the motion: https://www.scribd.com/doc/255202631/1-14-cv-0020…
153.
Raga | February 9, 2015 at 8:20 am
My "fact-driven" take on the whole Roy Moore episode is this: there is no question that the Chief Justice of Alabama, has the authority to issue administrative orders to all lower state courts, including the probate judges (Moore's citations in the first page of his order yesterday are on point). However, Roy Moore grossly abused that power last night when he ordered probate judges to not issue licenses to same-sex couples who are otherwise qualified. At the same time, the probate judges, having sworn to uphold the U.S. Constitution and the Alabama Constitution, also have the authority (and indeed, the duty) to recognize this abuse of power and refuse to comply with it, and they can invoke the U.S. Constitution in their defense if they are sanctioned for refuting a direct administrative order from the Chief Justice.
I agree with Stephen I. Vladeck , a Professor of Law at the American University Washington College of Law and a CNN analylst, who said that while Chief Justice Moore is correct that the state probate judges aren't bound by the district court's ruling, "he's wrong, —incomprehensibly so—to suggest that those same judges can follow the Alabama Constitution over and above what those judges believe federal law mandates."
http://www.cnn.com/2015/02/09/politics/alabama-su…
154.
montezuma58 | February 9, 2015 at 8:38 am
There's nothing administrative about Moore's order. He even goes further by directing the governor. Any other issue the governor would give Moore the finger and tell him to worry about his branch of the government.
155.
Raga | February 9, 2015 at 8:51 am
Again, I reiterate that I don't support Moore or his order in the least, but I disagree with your comment. His order is an administrative order. He issued direction to probate judges, who do fall under his direct supervision. I also disagree that he directed the governor to do anything other than his constitutional duty that is already laid out. I quote from the administrative order:
It would be the responsibility of the Chief Executive Officer of the State of Alabama, Governor Robert Bentley, in whom the Constitution vests "the supreme executive power of this state," Art. V, § 113,Ala. Const. 1901, to ensure the execution of the law." The Governor shall take care that the laws be faithfully executed." Art. V, § 120, Ala. Const. 1901. "'If the governor's "supreme executive power" means anything, it means that when the governor makes a determination that the laws are not being faithfully executed, he can act using the legal means that are at his disposal.'"
Nothing in this paragraph directs the Governor to make his determination about whether the law is being faithfully executed in a certain way.
156.
montezuma58 | February 9, 2015 at 9:00 am
I disagree. He's stretching the administrative function of his job to issue what would normally be something that would be established by rulings arising from cases before the court.
Also the probate judges are independently elected. He has some say over how their courts operate but he's not their boss.
157.
Raga | February 9, 2015 at 9:21 am
I agree with the first part of your comment – that is why I said that he grossly abused his authority to issue administrative orders. As for the second part, I guess you disagree with Alabama's Constitution and Code when it comes to the Chief Justice's authority and vested powers. As Sagesse says, he is somewhat within a bubble for now, until the ethics complaint against him is resolved.
158.
Sagesse | February 9, 2015 at 9:00 am
Judge Moore and his 'order' are like a big bubble floating over the whole situation. He is acting in his capacity as administrator of the state court system, not in connection with any proceeding before the state supreme court. He is not part of the state legislative system, and not part of any proceeding in federal or state court at any level. There would probably have to be a legal proceeding to decide whether he has the authority he is claiming, since the language in the state laws seems to be at least a little ambiguous.
There is no obvious legal avenue to hold him accountable in the short term. If the federal courts act to enforce Judge Grenade's order, they will act against the probate judge(s) who are not complying. So long as he is in his bubble, he doesn't appear to be 'in contempt' of anything.
Once the SPLC's ethics complaint has run its course, there should be grounds for having him disbarred, but not sure what it would take to remove him as a judge.
159.
montezuma58 | February 9, 2015 at 9:42 am
I can't remember the name, it's changed over the last few years, but there's a special multi member court that deals with misconduct by judges. That was now he was removed the first time around.
He could also face sanctions from the state bar association. If he gets disbarred he's no longer eligible to be a judge in the state.
160.
Sagesse | February 9, 2015 at 9:37 am
Coming at this from a different angle, the question is 'who speaks for the state when it comes to administering its marriage regime? Who has the authority to instruct the probate court judges how to respond to Judge Grenade's order?' The legal answer to that question varies from state to state. Both Moore and the AG have pointed to Governor Bentley. But surely one thing is certain… that authority cannot rest with the Chief Justice of the Alabama Supreme Court as administrator of the judiciary, to the exclusion of the state government/executive.
161.
EricKoszyk | February 9, 2015 at 8:25 am
Just a reminder: Alabama is the only state where it is technically illegal for vibrators and other sex toys to be sold. Although some stores still sell them as "educational devices" they are always at risk of being raided and shut down by local overzealous law enforcement.
So yeah, this is a BFD.
http://en.wikipedia.org/wiki/Anti-Obscenity_Enfor…
162.
Zack12 | February 9, 2015 at 8:25 am
Judges in Bibb, Covington, Cleburne & Wash Counties not issuing licenses to same-sex couples but will to opposite-sex couples.
It's time to file more lawsuits and send in the feds.
163.
guitaristbl | February 9, 2015 at 8:46 am
Jackson county as well issued a license to an opposite sex couple apparently.
164.
DaveM_OH | February 9, 2015 at 8:26 am
This guy seems to be (of the media) closest to the action: https://twitter.com/BrendanKKirby
165.
SethInMaryland | February 9, 2015 at 8:29 am
it seems like some of the couties are coming on board slowy , it may take a while it's muddy but we will get there
166.
JayJonson | February 9, 2015 at 8:59 am
We will get there faster if attorneys begin filing suits against the probate judges who are defying Judge Granade's order. They should begin in Mobile, where the plaintiffs have been turned down.
167.
davepCA | February 9, 2015 at 8:33 am
Marriages have begun in Huntsville. Photo: http://www.freedomtomarry.org/blog/entry/live-blo…
168.
SethInMaryland | February 9, 2015 at 8:35 am
i think cullman county is also on board but i i'm not quite sure, but i some say they were
169.
netoschultz | February 9, 2015 at 8:44 am
Three same-sex couples attempted to get marriage licenses in Marshall County Monday morning but have yet to be successful.
Probate Judge Tim Mitchell, who was out of town at a convention, ordered his clerks not to issue licenses until he received clarification on an order issued at 10 p.m. Sunday by Judge Roy Moore.
170.
Sagesse | February 9, 2015 at 8:45 am
Lyle Denniston has a post at SCOTUSblog. Not much new, but he does refer to Judge Moore's 'order' as a 'legal memo'.
Alabama: the 37th same-sex marriage state
http://www.scotusblog.com/2015/02/alabama-the-37t…
171.
Decided_Voter | February 9, 2015 at 8:53 am
Thanks, but the link is not working.
172.
Sagesse | February 9, 2015 at 9:02 am
Odd, works for me….
173.
Decided_Voter | February 9, 2015 at 9:04 am
Now it's working. Maybe Lyle was doing some edits. π
174.
guitaristbl | February 9, 2015 at 8:51 am
Moore is attacking Bentley now on radio : "He has abdicated his moral high ground….We have a very weak Governor"
(saw it on the live feed of the guardian)
Should we expect Bentley to try and do something finally ? Someone must be able to stop this guy !
175.
samg68 | February 9, 2015 at 9:10 am
Maybe it's just good cop/bad cop?
176.
sfbob | February 9, 2015 at 9:21 am
It's more like rogue Supreme Court Justice. He's so far out of line he's asking to be sanctioned. Which of course in his mind will make him a martyr.
177.
A_Jayne | February 9, 2015 at 9:50 am
In his mind, that will make him the top contender for Governor in the next election…
178.
TomPHL | February 9, 2015 at 9:47 am
What did the governor do that Moore is attacking him?
179.
guitaristbl | February 9, 2015 at 10:04 am
He did not become his pet dog to stand on the gates of the courthouses to stop couples from getting married and did not discipline probate judges who defied his order.
180.
A_Jayne | February 9, 2015 at 9:49 am
Roy Moore hopes to defeat that "very weak Governor" in the next gubernatorial election in AL. He's already started his campaign with such pronouncements…
181.
guitaristbl | February 9, 2015 at 10:04 am
The worst thing is that he will most probably be succesful especially after all that in Alabama…
Each state gets what it deserves I guess…But many many citizens who do not want that for Alabama will suffer under his theocracy.
182.
montezuma58 | February 9, 2015 at 12:11 pm
Bentley is term limited so he can't run again. Weak is probably a good adjective to use to describe any governor of AL. The legislature is where the real power lies.
183.
guitaristbl | February 9, 2015 at 9:42 am
Attorneys for a couple trying to get married in Mobile County have asked a federal judge to hold probate judge Don Davis in contempt, AL.com reports, after Davis effectively closed the office to anyone for hours Monday morning.
184.
davepCA | February 9, 2015 at 9:49 am
Lowndes County states that they will issue licenses and perform the ceremonies, and have instructed other counties who are not doing so to send same sex couples to Lowndes County. (As of this writing, no same sex couples have been married in Lowndes County yet).
185.
guitaristbl | February 9, 2015 at 10:03 am
Not helping much..That's right next to Montgomery county…
186.
guitaristbl | February 9, 2015 at 10:01 am
Butler, Colbert, Coosa,Baldwin, Escambia and Autauga counties are accepting applications but not issuing licenses, waiting for clarification.
187.
VIRick | February 9, 2015 at 7:43 pm
Apparently, Augauga got clarified. It issued two marriage licenses to same-sex couples late this afternoon.
188.
Sagesse | February 9, 2015 at 8:19 pm
Al.com does not seem to be updating their map this evening. Presumably they will pick up these changes in the morning.
189.
VIRick | February 9, 2015 at 8:43 pm
Apparently Autauga county got clarified, as two same-sex couples obtained their marriage licenses there late this afternoon.
(Someone replied to me, and now I can't edit to make a minor correction)
190.
guitaristbl | February 9, 2015 at 10:12 am
Coffee County Probate Judge Steven E. Blair released a news statement today confirming that they would be issuing marriage licenses in the county. The statement reads:
"While I have the greatest respect for Chief Justice Roy Moore's opinions and beliefs, the question of federal pre-emption of state law is long settled. See Gibbons v. Ogden, 22 U.S. 1 (1824). In recognition of my oath as a judge, I am sworn to follow the order of the federal courts with respect to same-sex marriages.
My personal beliefs on this issue are entirely immaterial. Further, the canons of judicial ethics preclude a public comment."
191.
Ryan K (a.k.a. KELL) | February 9, 2015 at 7:13 pm
Well stated.
192.
jdw_karasu | February 9, 2015 at 10:13 am
So it looks like GA is the last hold out in the 11th. Sadly Inniss v. Aderhold got Judge Duffey, who has maneuvered the case into a holding pattern. A little bad luck there given how many Dem judges there are in the Northern District of Georgia. Someone might want to try in the Middle District of Georgia: 2-2 with both Sr. Judges Dem. Might get a lucky roll of the dice there, and perhaps even fast tracked.
193.
Zack12 | February 9, 2015 at 10:15 am
We can hope but at this point, I don't think Georgia is getting equality until SCOTUS weighs in.
194.
jdw_karasu | February 9, 2015 at 10:29 am
I tend to agree. But I also wrote off FL and AL as not having enough time for the 11th to rule. Instead we got:
* a judge in Alabama who didn't care that SCOTUS already took up the 6th Circuit Case
* the 11th choosing to limbo the cases in "win" mode rather than staying the decisions pending SCOTUS
SCOTUS isn't going to rule for several months. It's possible that we draw a judge like Granade who wants to have her/his say before SCOTUS does. I agree it's not likely, but given Grande's actions, I think a lot more is possible than we thought at the dawn of the year. π
195.
netoschultz | February 9, 2015 at 11:43 am
The Mississippi judge being the only democratic in his court
196.
RnL2008 | February 9, 2015 at 10:55 am
So, if the Governor of Alabama truly wants to be upset…..then he needs to be upset at ALL of the Federal Justices because it WASN'T just one, but more like 11 justices who denied his stay…….and it is clear how SCOTUS will rule come June!!!
197.
netoschultz | February 9, 2015 at 11:46 am
There are 42 counties refusing to issue marriage licenses to same-sex couples
198.
flyerguy77 | February 9, 2015 at 11:53 am
AT LEAST 42 lawsuits will be filed then
199.
1grod | February 9, 2015 at 1:50 pm
Flyerguy: You and I just saw what happened in Mobile County. 'O' This is day 1! We have inclusion counties representing 35+% of the population. Kansas has been at it [ 105 counties there] for going on 4 months and although counties representing 83% of the state population are on board, Kansas citizens have celebration and no recognition. Let it chill. It will work its way though resistance to acceptance before mid-June.
200.
josejoram | February 9, 2015 at 11:55 am
The Italian Supreme Court of Cassation has just released its ruling stating that "none national State is burden with recognition of marriage for same sex couples". But these couples have the Constitutional right to be recognized in the same standing than married couples".
What do you think?
201.
davepCA | February 9, 2015 at 11:58 am
It looks like there is a problem with the translation. It doesn't seem to make sense.. ?
202.
StraightDave | February 9, 2015 at 12:08 pm
My reading between the lines is that the court requires:
1) No SS marriage – "[not] burden[ed] with recognition of marriage for same sex couples"
2) But equal rights – "Constitutional right to be recognized in the same standing than married couples"
Sounds like Civil Unions to me. It's more or less what Chile just did, which I thought was surprisingly accepted on this forum as a positive step forward rather than an intolerable half measure.
203.
Nyx | February 9, 2015 at 12:20 pm
I was quietly disappointed in the half-step Chile made. But Chile is not the United States, different people, different history. They will need to write their story in a different way. Now that said… places in the U.S. such as Alabama, I’m sorry (not), they will not get such a pass.
204.
VIRick | February 9, 2015 at 8:38 pm
Dave, if you had lived in Chile during the recent, protracted Pinochet dictatorship when thousands "disappeared," you would see it as a major step forward.
Chile is doing it in stages. Marriage equality there will be coming next.
205.
josejoram | February 9, 2015 at 11:58 am
I do not expect you to opine about the neglect by the Italian court about what states can or cannot perform. Do you think this ruling could give SCOTUS any excuses to say that "equality before the law does not mean identical status"?
206.
StraightDave | February 9, 2015 at 12:12 pm
In the US, it's 5 years too late for that. White/colored doesn't fly anymore. SCOTUS is no more influenced by Italy than they are by Russia.