Alabama Supreme Court to consider petition seeking halt to same-sex marriage licenses
Source: AL.com
The Alabama Supreme Court late Friday agreed to consider a petition by two groups seeking a halt to the issuance of same-sex marriage licenses by state probate judges.
Meanwhile another group, which supports same-sex unions, also asked justices Friday to toss out the petition. And one Alabama Supreme Court justice wrote he believes an order halting the issuance of licenses could inject more confusion and, possibly, subject more probate judge to federal lawsuits.
In a 6-2 decision issued late Friday, the Alabama Supreme Court set up a schedule next week for the different sides to file their answers and briefs on the request by the Alabama Policy Institute and Alabama Citizens Action Program. The court, however, did not say whether it would hold a hearing for oral arguments before responding to the petition.
The order stated the briefs by probate judges should address issues raised by the petition, including whether the state Supreme Court even has jurisdiction to hear the petition.
Read more: http://www.al.com/news/birmingham/index.ssf/2015/02/alabama_supreme_court_agrees_t.html
hobbit709
(41,694 posts)Cryptoad
(8,254 posts)RKP5637
(67,112 posts)ladjf
(17,320 posts)24601
(3,962 posts)State law or State Constitution conflicted with with US Constitution.
SCOTUS is hearing a case this spring that will determine the meaning of the US Constitution when it comes to marriage.
Since the US Constitution is silent on the matter, the provisions of the 10th Amendment apply. When the Constitution does not delegate a power to the federal government, nor prohibit it to the states, that power is reserved to the states or to the people.
SCOTUS will be determining whether the Constitution was intended to delegate this decision to states or to individuals. If it is an individual decision, the case is over. If it is intended to be governed by states, there are a handful of states that chose SSM and they are relatively unaffected. The cluster would be in those states where a federal judge made the decision. A ruling making it a state issue would overturn the federal judicial orders and it would be a CF to determine everyone's status based on overturned court orders.
If SCOTUS rules that marriage definitions are governed by state law, the next issue will be whether the Full Faith and Credit Clause (Article IV, Section 1 of the U.S. Constitution) requires every state to accept SSM permitted by any other state. I don't recall that this aspect is part of the cases accepted by SCOTUS this term.
ColesCountyDem
(6,943 posts)cstanleytech
(26,319 posts)would hurt them directly and then shouldnt the judges toss the case out of court and laugh in their faces at such a preposterous claim?
RKP5637
(67,112 posts)their marriage, their lives in general and it's always the same. They have groundless claims, other than to start biblical quotes, many of which are unfounded and false. Many individuals of this ilk, IMO, just have to have something to hate. It feels good to them to hate and to persecute someone, some group for no valid reason.
SoapBox
(18,791 posts)I absolutely agree that these Holy and Pious types MUST hate...something, someone, etc.
And it's how religious "leaders" keep their masses in line.
RKP5637
(67,112 posts)rurallib
(62,448 posts)in the past 6 years or so. Signs of destruction everywhere. Our bridges are in terrible shape as are our roads. Schools can't get proper funding and --- OOOPSIE I guess it is our republican legislature that is ruining us.
DemoTex
(25,403 posts)Stop the beatings.
Shrike47
(6,913 posts)But nut burgers get special privileges.
Yavin4
(35,446 posts)extremely regressive Republican economic and political policies. To the people of Ala., marriage equality DOES NOT affect you. Suppressing your right to vote does. Cutting funding to your schools does. Care more about the things that really affect your lives.
riversedge
(70,305 posts)Thor_MN
(11,843 posts)Who has standing? Doesn't someone have to prove harm ( and their wittle feewings don't count)?
PumpkinAle
(1,210 posts)come from in their pursuit to stop equal rights?
Surely, if there is all this money available these states should be the best ones to live in because they have nothing else to spend their money on and no cases for the Court to hear.
damnedifIknow
(3,183 posts)Milk a cow or something and stop focusing on hate.
jwirr
(39,215 posts)could find other things to spend their money on.
Gothmog
(145,563 posts)Botany
(70,584 posts)..... but it came in anyway. This is pissing away money in a battle that has already
been lost. The Governor of Alabama in a very gracious statement said that his state
has many problems but gay marriage will not be one of them.
EEO
(1,620 posts)their complete lack of respect for the law and the Constitution? If they were allowed to get an anti-gay marriage constitutional amendment (and that looks as impossible as ever) they would love it and declare it is what makes America great, but because they have clearly lost this issue they fall back on the proud Southern tradition of not taking a lost war graciously and continuing the fight in other ways.
BumRushDaShow
(129,482 posts)And some elected officials in that state still just don't get it.
yallerdawg
(16,104 posts)The Alabama Supreme Court is 100% elected Republicans. The last lone Democrat resigned in disgust a number of years ago.
They represent the Alabama constituency, or they lose their jobs; the Alabama constituency that voted 81% for state constitutional amendment banning gay marriage.
Expect white evangelical mob rule?
geomon666
(7,512 posts)and starts ordering these people to do their jobs or get the fuck out of the way?
blkmusclmachine
(16,149 posts)blkmusclmachine
(16,149 posts)shenmue
(38,506 posts)Manifestor_of_Light
(21,046 posts)Read it and weep.