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What is new on the Gay Marriage front?

The NYT is reporting that "at least fifty" of Alabama's 67 counties are refusing to issue same sex marriage licenses. Some gay couples have managed to marry by driving to one of the counties which are issuing such licenses, however. Jefferson County (City of Birmingham) is evidently granting licenses to same sex couples. In any event, gay marriage has come to Alabama, albeit in limited fashion.

http://www.nytimes.com/2015/02/10/us/alabama-supreme-court-same-sex-marriages.html


chrisrobin said:
I'm shocked - absolutely shocked that Justices Scalia and Thomas would dissent!
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Thomas was scathing in his dissent. He claims the court's routine is to leave state laws intact until SCOTUS rules on them. By refusing to stay the 11th Circuit's ruling, Thomas feels SCOTUS is sending a message that it intends to rule in favor of gay rights (which he, apparently, does not necessarily see as a foregone conclusion).

http://www.cbsnews.com/news/clarence-thomas-unhappy-courts-decision-gay-marriage-alabama/

I'm actually surprised that Alito did not join Thomas and Scalia in dissent. He has said in the past that he does not believe the constitution grants a right of marriage to gays. The 7-2 ruling is a surprisingly good sign, IMO.


scream4ever said:
Our movement finally has its George Wallace moment. I expect many counties to ignore this and will likely push the Supreme Court to issue an official denial of the stay.
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You were correct on both counts, scream.
 
Judge Granade has declined to issue an immediate contempt ruling against probate judges who have defied the federal court order, however she has indicated that they could face such a penalty if a separate case were to be brought against them. I suspect such a case is about to be filed if they do not reverse their decision with haste.
 
hotatlboi said:
Judge Granade has declined to issue an immediate contempt ruling against probate judges who have defied the federal court order, however she has indicated that they could face such a penalty if a separate case were to be brought against them. I suspect such a case is about to be filed if they do not reverse their decision with haste.
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I noticed that.

I would be surprised if any of the judges (including Moore) is ever held accountable for breaking the law.

This is, after all, Alabama.
 
T-Rexx said:
I noticed that.

I would be surprised if any of the judges (including Moore) is ever held accountable for breaking the law.

This is, after all, Alabama.
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To put things in perspective, let's all hop into the Wayback Machine for a moment:


When JFK called up the National Guard to enforce federal law, Mr. Wallace stepped aside. The the rest is history.

Today, the issues are different, but certain Alabama officials' intransigence is very similar. The law will prevail. Equality rules.
 


I wonder what the guardsman is saying to the great man. :##:
In 1968 Wallace ran for president. See, Nixon wasn't so bad after all! :(
 
This is an excellent way to officially be a part of this historic lawsuit before the Supreme Court (I believe it's now called Obergefell et. al):

http://www.thepeoplesbrief.com/

Please read the brief before signing (it's worth it regardless). You do not need to put your phone number down if you don't want to.
 
Maybe I'm naïve, but I'm astounded they'd be so ... stubborn after OK, SC, etc. never went that far. At a bare minimum, at least the Gov gets the "Here we go again!" image comparison.
 
http://sanantonio.suntimes.com/national-politics/7/72/635016/kkk-alabama-gay-marriage

Dear Fellow Jubbers:
Yahoo is my home page and there are so many anti-LGBT articles, it's embarrassing. However, this is my "favorite":

KKK 'salutes' Alabama's Roy Moore for gay marriage stance

Days after Alabama Supreme Court Chief Justice Roy Moore ordered the state’s probate judges to refuse the issuing of marriage licenses to gay couples, the Ku Klux Klan has come out in support of Moore.

“The Mississippi Klan salutes Alabama’s chief justice Roy Moore, for refusing to bow to the yoke of Federal tyranny,” Brent Waller, the United Dixie White Knights’ imperial wizard, wrote on Stormfront, the largest online white supremacist forum. “The Feds have no authority over individual States marriage laws.”
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Judge Granade has entered an order against a probate judge telling him to begin issuing licenses. The other judges should use this ruling as an example and follow suit.
 
One can only hope that "stupid is as stupid does" gets the not so subtle hint this time.
I hear the boys at Leavenworth are looking for some fresh meat - and a judge or ten might be just tasty enough.
 
Plaintiffs brief for Obergefell et. al v Hodges et. al is in:

http://www.supremecourt.gov/ObergefellHodges/PartyBriefs/14-556_Brief_Of_Obergefell.pdf

Also of note, on the official website for the SCOTUS, the case has it's own section where all briefs will be posted (they indeed understand this is a landmark case!).

The Mississippi state supreme court may beat the 5th Circuit to the punch (or at least two justice want to):

http://www.wtok.com/home/headlines/...ke-delay-in-gay-divorce-ruling-294279021.html
 
Nebraska ban struck down, ruling stayed for one week. This will likely be the final district court decision before the Supreme Court rules by the end of June:

https://www.scribd.com/doc/257402307/8-14-cv-00356-54-Nebraska-Memo-and-Order

South Dakota judge denies request to lift stay of marriage ruling:

http://www.scribd.com/doc/257444024/4-14-cv-04081-68

The Eighth Circuit has requests to lift the stay from Missouri, and likely will soon have those from Arkansas, Nebraska, and South Dakota as well. I fully expect them to keep all of them in place (since they denied to lift the uncontested stay in Missouri). I really hope the plaintiffs appeal the requests to the Supreme Court for consideration. At that point we will truly see how far they are willing to tip their hats before they rule. Of course, no matter what it can't hurt our chances at this point, so we really have no reason not to try.
 
Do they have the authority to over-rule a federal judge? I didn't think so .....
 
JackinSea said:
Do they have the authority to over-rule a federal judge? I didn't think so .....
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I looked into it a bit this morning, and apparently they do.

The only court that has binding authority on state supreme court rulings on federal issues is SCOTUS. Lower federal courts have persuasive authority, but cannot force the state supreme court to act or rule differently.

That said, the ruling is highly irregular, in defiance of the federal courts, and may even by stayed/thrown out by SCOTUS if it is appealed there prior to their final ruling on the merits this summer.
 
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