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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAlabama says they will refuse court orders to issue marriage licenses to gay couples
Late on Friday, a Federal judge in Alabama ruled that the state's marriage ban is unconstitutional, and that the state must begin issuing licenses right away. Attorney General Luther Strange didn't care for that, and has asked for an indefinite stay. Meanwhile, a state association of judges has advised their members that they can just disregard the ruling. This is almost certainly dead wrong, and I'll talk about why in a minute. But as of this week, gay and lesbian couples are attempting to obtain marriage licenses in Alabama, so expect a tense standoff to play out over the next few days.
It's worth pointing out that last week President Obama made history by endorsing marriage equality in the State of the Union, saying that gay and lesbian couples getting married represents "America at its best." The last time anyone talked about marriage in a State of the Union was George W. Bush, calling for a federal constitutional ban, so this is a little better.
It makes good political sense to endorse marriage equality right now, because a new survey from Zogby shows that by 5 percentage points, voters are now less likely to vote for a candidate who opposes the freedom to marry. This puts some anti-equality Republicans in a tough spot. They can either admit they were wrong, and come out for marriage. Or they can double-down and get even more anti-gay.
That's what Mike Huckabee did last week. He said that if the Supreme Court rules in favor of equality, states don't have to obey the decision, and could still refuse to provide licenses. Obviously, that's not true at all, thanks to a litte-known document called the U.S. Constitution. Maybe Huckabee has just never read it as far as Article 6, which says "The Laws of the United States ... shall be the supreme law of the land; and the judges in every state shall be bound thereby." In fact, Huckabee's argument is identical to the one used in 1957 by another Arkansas Governor, Orval Faubus. He said the state didn't have to abide by the school desegregation ordered in Brown v. Board of Education, and President Eisenhauer had to send the National Guard to force him to comply. So Huckabee's great company here.
http://www.huffingtonpost.com/matt-baume/politician-wants-arrests_b_6543554.html?ncid=txtlnkusaolp00000592
The federal judge did just put a 14-day stay on the decision so the state can appeal the decision to the 11th circuit court in Atlanta, or the US Supreme Court.
LuvNewcastle
(16,846 posts)I guess Obama will have to send federal marshals to clerks' offices to make sure the licenses are issued. I am so sick of these morons. It's time for them to go to Russia, Uganda, or some other homophobic shithole and have their hatefest. We shouldn't have to put up with these troglodytes in 2015.
Skittles
(153,169 posts)they're one of the few states that makes Texas look decent
Behind the Aegis
(53,959 posts)As it stands, judges will not give out licenses here. Our marriage had to be officiated by a religious leader; thankfully, we found one. Two months of wedded bliss...
Skittles
(153,169 posts)nothing OK about OK
Behind the Aegis
(53,959 posts)I did meet my husband here and he is from here, so OK is OK by me! I have never felt so special or loved until I met him. Plus, if you hate the weather here, just wait a few hours...it'll change! LOL!
Skittles
(153,169 posts)yes INDEED
Joey Liberal
(5,526 posts)Sadly, I live in OK. It is great fun to enrage the local wingnuts though .
Skittles
(153,169 posts)they're so predictable it has taken the fun out of it
NutmegYankee
(16,199 posts)Enthusiast
(50,983 posts)hifiguy
(33,688 posts)They never learn down there, do they?
JackInGreen
(2,975 posts)no less of one of the most backwards states in the union.
Cryptoad
(8,254 posts)Alabama doesn't believe all Americans have Equal protection under the Constitution. They just don't believe that Gay Folk are "Real" Americans.
geek tragedy
(68,868 posts)marym625
(17,997 posts)As amazing it is to me that this is still happening, I have a bad feeling. The SCOTUS taking the other case doesn't give me an easy feeling. .I don't believe it will go back to the way it was, but I think there's more fight left before equal marriage rights is the law of the land
libodem
(19,288 posts)Bad Alabama
Enthusiast
(50,983 posts)His little performance with Ted Nugent demonstrates this to the fullest.
He shows here that he believes, against all history and evidence to the contrary, that states rights trump federal law.
If Huckabee was highly qualified to be President of the United States, this misunderstanding alone would be enough to disqualify him to a level approximately equal to that of Sarah Palin.
Of course Huckabee is not qualified to be president of the United States, or of any state or office of any kind.
Hear, me, Mike? You dumb fuck.
Lancero
(3,003 posts)As controversial as that would be, it's bound to explode in their faces and the backlash from such a action would put a spotlight what other state's politicians are doing to keep gay marriage bans on the books.