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Alabama updates

LGBT Legal Cases Marriage equality Marriage Equality Trials

– In Strawser, a case involving Mobile County couples applying for marriage licenses in the county, Probate Judge Don Davis has asked the federal district court to put a hold on the injunction against him. Mobile County is the only Alabama county currently under a federal injunction to issue marriage licenses to same-sex couples. Davis argues that with the conflicting rulings from federal and state courts, he’s unsure how to proceed. He also argues that the injunction applied only to the named plaintiffs, and those plaintiffs got their marriage licenses. Judge Granade has ordered responses by March 13.

– A same-sex couple in Blount County has filed a federal lawsuit against the probate judge, seeking a marriage license. Blount County is not in Judge Granade’s district. The complaint can be read here.

– Several things have happened in the Alabama Supreme Court: Mobile County’s probate judge has asked for an extension of time to file his brief in that court, until March 16. Davis has been ordered to tell the state supreme court whether he is bound by the federal injunction. Also, the court issued corrected pages from its decision on probate judges issuing marriage licenses to same-sex couples. Those documents, along with Davis’ brief in support of an extension of time, are here.

Thanks to Equality Case Files for these filings


  • 1. Sagesse  |  March 6, 2015 at 8:18 am

    Also this comment from the previous thread:

    Lost count of how many rings there are in this circus.

    Roy Moore: Two U.S. Supreme Court justices should abstain from gay marriage vote []….

    "Moore's wife, Kayla Moore, who is president of the President of the Montgomery-based Foundation for Moral Law, in September had also called upon Kagan and Ginsburg to recuse themselves from a case for the same reason." There is a link to the press release.

  • 2. RnL2008  |  March 6, 2015 at 9:33 am

    If Justice Ginsburg and Justice Kagan should recuse themselves according to Kayla Moore, then Justice Scalia and Justice Thomas should also recuse themselves as both have stated repeatedly how they feel about Gays and Lesbians……that would still leave us a 3-2 win……but, we know that NOT one of these Justices will recuse themselves, so my guess is the ruling still sucks for the anti-gay idiots!!

  • 3. ReadLearn  |  March 6, 2015 at 12:45 pm

    Some interesting not-so-trivial trivia: "The Foundation for Moral Law" is Roy Moore's "non-profit" foundation that he started which he started after the Ten Commandments fiasco when he was booted from his position as Judge. I think it was in 2011 that he paid himself more than $450,000, which was more than 83% of what people donated to this "foundation." He was the president of it then. After he was again elected Judge, his wife became president and she gets paid a nice salary – a percentage — I think in 2014 donations were down, so she was paid around $60,000 + . I have always thought that his shenanigans were partially to get more publicity for donations to his "foundation" and thus his wife would get paid mega$$$. I'm suprised that no one has reported on this. I found the numbers in an old article, but I haven't seen this reported on since his ME stunts.

  • 4. Sagesse  |  March 6, 2015 at 1:20 pm

    It doesn't get written up a lot, but, which has very good coverage of the developments in Alabama, mentions it from time to time.

    I do wonder what their fundraising looks like recently, and whether cash is flowing to the two groups behind the AL SC mandemus petition. It could happen.

  • 5. Sagesse  |  March 6, 2015 at 8:20 am

    An illuminating look at how one Alabama judge is fighting the federal courts on same sex marriage [Washington Post]

  • 6. Zack12  |  March 6, 2015 at 9:23 am

    I like how the judge claims he isn't a bigot, yet goes on to insult same sex couples again and again and attacks them as ungodly.
    Yes John Enslen, you are a bigot and history will not be kind to you.

  • 7. Decided_Voter  |  March 6, 2015 at 9:47 am

    He's trying to hold others back (i.e. oppress). History shows that ultimately fails as a legal tactic no matter how much you twist yourself into a pretzel trying to justify it. Overtime as we evolve those justifications hollow out like a rotting tree. And, this is the good part, those holding others back eventually stop holding them back (see interracial marriage) saying they "got it wrong" or denying they were part of that. There's a step process to this silliness (i.e. their evolution).

  • 8. Mike_Baltimore  |  March 6, 2015 at 10:49 am

    Kind of like Scalia claims that he is not anti-gay.

    Has Scalia ever been in a majority issuing a pro-GLBT ruling, and thus signed a majority opinion on the subject?

  • 9. RnL2008  |  March 6, 2015 at 9:46 am

    So, Probate Judge Enslen married just for having children? Or does he love his wife for other reasons like she fulfills his emotional needs as well as his physical needs? People who justify the hate and bigotry like Enslen does in the article are NOT any better than the idiots who justified their hatred and bigotry towards the Lovings………if they could simply boycott ALL the things that support the GLBTQI Community like oxygen……this Country would certainly be a helluva lot better to live in.

  • 10. hopalongcassidy  |  March 6, 2015 at 10:17 am

    Did you notice the sign that pony tailed chick is holding?

    Alabama for CRISTIAN marriage.

    Nobody ever went broke underestimating the intelligence of fundies.

  • 11. VIRick  |  March 6, 2015 at 10:30 am

    "Alabama for CRISTIAN marriage"

    Hop, was it mis-spelled like that, too?

  • 12. hopalongcassidy  |  March 6, 2015 at 10:33 am

    Yup, that was why I mentioned it. It's the top left picture at

    Prolly shoulda included (sic)…

  • 13. VIRick  |  March 6, 2015 at 10:48 am

    (sic) is always cool, especially given the attempted message. LOL

  • 14. Mike_Baltimore  |  March 6, 2015 at 11:04 am

    Memories of the idiot who held the 'morans' sign outside the Boeing plant in suburban St Louis, Missouri in 2003. The sign wasn't calling the Boeing workers 'morons' (or as the sign stated 'morans'), but those who were against US involvement in Iraq.

    Use a good search engine with the argument of "Morans sign". Google returned over 100,000 hits, including several pics of the idiot holding the sign.

  • 15. A_Jayne  |  March 6, 2015 at 12:35 pm

    Wait a minute. Maybe it's not misspelled. Maybe she worships this family instead of the more-frequently-worshipped son-of-god:

    (Or at least, maybe she worships their marriages…?)

  • 16. Silvershrimp0  |  March 6, 2015 at 8:48 am

    Is there any talk of probate judges appealing the AL Supreme Court order to SCOTUS?

  • 17. Dr. Z  |  March 6, 2015 at 11:23 am

    I saw a quote from the Montgomery probate judge to the effect that he would join a challenge if one were brought.

  • 18. DrBriCA  |  March 6, 2015 at 2:36 pm

    Would be nice if he had the gumption to go ahead and start the lawsuit himself, rather than wait to join (although I get the comfort from strength in numbers).

  • 19. Dr. Z  |  March 6, 2015 at 3:28 pm

    I got the impression that the probate judges couldn't do this on their own since they couldn't show that they'd been harmed.

  • 20. DrBriCA  |  March 6, 2015 at 5:07 pm

    They could try to give a license to a same-sex couple, get punished by the state, and then appeal to SCOTUS. Or possibly they could receive a comtempt charge from the federal judiciary for not issuing licenses because they're following the state Supreme Court order and then appeal to SCOTUS. Either would then show harm once they follow one order but not the other.

  • 21. Silvershrimp0  |  March 6, 2015 at 5:15 pm

    I would think that being subject to conflicting orders would be demonstrative enough. I think it was the couples who couldn't appeal the ruling and would need to file separate suits.

  • 22. Zack12  |  March 6, 2015 at 9:38 am

    I wonder if Kayla Moore thinks her husband's fellow justice Tom Parker should have recused himself from hearing these cases.
    After all, he co-founded the hate group that brought this lawsuit in state court.

  • 23. hopalongcassidy  |  March 6, 2015 at 9:43 am

    …talk about a chinese fire drill…

  • 24. VIRick  |  March 6, 2015 at 10:25 am

    Hop, and in the meantime, Pensacola/Century, just over the state line in Florida, is quietly doing a land-house business in issuing marriage licenses to absolutely everyone,– including "refugee" opposite-sex couples from Alabama counties, like Mobile, which have shut down their marriage license offices completely.

  • 25. Sagesse  |  March 6, 2015 at 10:32 am

    Update on the state of various State religious freedom bills. For those of us trying vainly to keep track.

    States Weigh Legislation to Let Businesses Refuse to Serve Gay Couples [New York Times]

  • 26. Zack12  |  March 6, 2015 at 10:38 am

    Some of them aren't even bothering to show the hatred they have towards us.

  • 27. Dr. Z  |  March 6, 2015 at 11:27 am

    Good. That will prove handy if Kennedy again declines to find that sexual orientation is subject to heightened scrutiny and persists with his preference for an animus-based framework.

  • 28. A_Jayne  |  March 6, 2015 at 11:07 am

    "Religionist oppression of LGBT people" bills will probably run rampant until they, too, get slapped down by some future SCOTUS…

  • 29. StraightDave  |  March 6, 2015 at 11:18 am

    “They don’t have a right to be served in every single store,” said Mr. Silk, the Oklahoma state senator, referring to gay people.

    As cynical as I sometimes am, I still have a hard time fathoming how anyone can say stuff like that out loud. Are we still in the '50s?

    Maybe OK state senators have a special gene that makes them insensitive to the sound of their own words. But holy crap, that's cold.

  • 30. Dr. Z  |  March 6, 2015 at 11:31 am

    I recall many years ago when I was living in Oklahoma that legislation was introduced to clean up some old, unenforcable statutes declaring that a man was the head of the household. It was voted down. One state senator from Edmond declared that "Discrimination is the very fulcrum of liberty."

  • 31. Wolf of Raging Fires  |  March 6, 2015 at 11:31 am

    Dave! Sup buddy? Haven't seen your comments in a while. Hope you're well!

  • 32. StraightDave  |  March 6, 2015 at 12:04 pm

    It's all good, Wolf. Just a bad week of shoveling 2 feet of wet cement snow off my roof then shoveling it a 2nd time off the deck where it landed, dog died, my M-F 9-5 job went like this: go home 6pm Fri, got called for crisis at 11PM, back to bed at 2am Sat, called again at 6am, into the office at 7.

  • 33. Wolf of Raging Fires  |  March 6, 2015 at 12:07 pm

    That sounds like a terrible week! I'm so sorry about your dog. I'm glad you can rest from all that this weekend.

  • 34. David_Midvale_UT  |  March 6, 2015 at 1:54 pm

    Here in HATU, lawyers representing the Church of Jesus Christ of Latter-day Saints (Brighamite Mormon) wrote a "compromise bill" that provides housing and employment protections but also provides a limited amount of protection to religious hypocrites who want to spew their negativity in the workplace, assuming that said spew doesn't constitute harassment or hurt the business. Utah's anti-everything fanatics are upset because the bill doesn't give them what they really want, which is legalized bigotry.

    The fact that Mormon lawyers wrote the bill should surprise no one: HATU is a solely owned subsidiary of LDS, Inc.

  • 35. Sagesse  |  March 6, 2015 at 10:46 am

    Not new news, but I like the headline :).

    A Ton of Republicans Just Asked the Supreme Court to Rule for Marriage Equality [Slate]

    "…Ever since the court took the case, dozens of these briefs have been rolling in—but Mehlman’s is notable for a very specific reason: It is signed by 303 conservatives, many of whom opposed gay marriage in the past, all of whom now believe the Constitution grants same-sex couples the right to marry….

    "In the run-up to United States v. Windsor, Mehlman filed a similar brief—which drew only 131 signatures—clearly aimed at Justice Anthony Kennedy. This time around, the effort seems more squarely aimed at Chief Justice John Roberts, whose wavering vote may be won over by the dozens of business luminaries who signed the brief."

  • 36. Sagesse  |  March 6, 2015 at 11:04 am

    To paraphrase Rudyard Kipling – 'If you can keep your head when all about you are losing theirs'… perhaps you don't understand the seriousness of the situation.

    Alabama Supreme Court first in nation to defy federal court gay marriage order []

  • 37. Zack12  |  March 6, 2015 at 11:20 am

    Is anyone shocked by that?

  • 38. flyerguy77  |  March 6, 2015 at 11:21 am

    NAH hopefully somebody can do something soon…

  • 39. Wolf of Raging Fires  |  March 6, 2015 at 11:27 am

    I hope so too

  • 40. davepCA  |  March 6, 2015 at 11:35 am

    Sagesse, I LOVE that 'modified' Kipling quote. I'll be sure to use it often.

  • 41. Sagesse  |  March 6, 2015 at 11:48 am

    I really like it too. I believe it is original, but it's possible I heard it from someone when I was twelve.

  • 42. A_Jayne  |  March 6, 2015 at 11:40 am

    Alabama may have been the first state in which the potential for a "perfect storm" existed – an unstayed ruling and RWNJs firmly installed in all branches of state government at all levels. AFAIK, it is the only state where both of those factors exist at the same time.

  • 43. Sagesse  |  March 6, 2015 at 11:46 am

    I'm certainly expecting something similar in Texas if the the 5th circuit rules and does not stay its decision. They'll take the theme and weave endless variations.

  • 44. A_Jayne  |  March 6, 2015 at 11:51 am

    Exactly. It's been Alabama's exclusive party so far, but that doesn't preclude others from joining once they are given the opportunity…

  • 45. flyerguy77  |  March 6, 2015 at 11:53 am

    I believe ALA Supreme Court will get a rude waking if somebody tries to appeal their decision to Judge Granada or SCOTUS.. We will see what TX will do– For Sure, they will appeal to SCOTUS for a stay..

  • 46. DrBriCA  |  March 6, 2015 at 2:39 pm

    Speaking of… any further movement from the Texas Supreme Court on the two Austin rulings from last month besides the stay?

  • 47. Mike_Baltimore  |  March 6, 2015 at 12:02 pm


    On Thursday, March 5, 2015, the 'Washington Blade' published an article with a sampling of descriptions of the pro-GLBT briefs planned, or already filed, with SCOTUS this week (such briefs are to be filed by March 6, 2015).

    From the looks of it, there will be lots of reading for the members of SCOTUS and/or their staffs (and for those on EoT who say they will read the briefs).
    (… )

    For those who don't think these briefs are important, there is mention that Justice Kennedy quoted from one brief in the opinion he wrote in the Windsor case, and that Judge Posner also quoted from at least one brief in his opinion on the Wisconsin and Indiana cases when those cases were appealed to the 7CA.

  • 48. Sagesse  |  March 6, 2015 at 12:16 pm

    Weekend reading. In the past on EoT, folks have read the briefs that interest them and posted a 'review' or summary of the ones that are particularly good. Maybe we can do that again :).

  • 49. Sagesse  |  March 6, 2015 at 12:10 pm

    Missed this earlier in the week. Seems to have been overshadowed by the DOJ Ferguson report.

    Obama report seeks LGBT-inclusive law enforcement policies [Washington Blade]

  • 50. Mike_Baltimore  |  March 6, 2015 at 12:31 pm

    Follow up on the Ferguson (MO) DOJ report:

    According to NBC News, the two officials who were suspended (without pay) following the report have resigned. The city of Ferguson has confirmed their resignations.
    (… )

  • 51. flyerguy77  |  March 6, 2015 at 12:35 pm

    Judge Granade ordered the plaintiff's in Strawser v. Strange to file a response by next thursday to say why Mobile County probate judge Don Davis should or should not follow her order based "illegal decision by ALA Supreme Court"

  • 52. Sagesse  |  March 6, 2015 at 12:48 pm

    Probably has religious loopholes you can drive a 747 through, but better than nothing.

    LGBT, Mormon groups announce compromise anti-discrimination measure in Utah [Washington Post]

  • 53. guitaristbl  |  March 6, 2015 at 1:06 pm

    It's basically pure nothingness imo. A blank paper has more of a meaning as a law and more of an actual effect that this. Discrimination against LGBT people is 99 % of religious nature thus it does absolutely nothing other than continue the status quo with a bit of a sugarcoated language.

  • 54. David_Midvale_UT  |  March 6, 2015 at 2:10 pm

    Additional details can be found at

  • 55. Sagesse  |  March 6, 2015 at 12:50 pm

    Labour backs 'Turing law' to quash historical gay convictions [BBC]

  • 56. Sagesse  |  March 6, 2015 at 1:03 pm

    Commemorating Selma this weekend. Should be interesting.

    Joe Biden: Selma civil rights marches, gay rights fight 'basically the same movement' []

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