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brooklynite

(94,729 posts)
Sat Feb 14, 2015, 09:55 AM Feb 2015

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

29 replies = new reply since forum marked as read
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Alabama Supreme Court to consider petition seeking halt to same-sex marriage licenses (Original Post) brooklynite Feb 2015 OP
What part of Federal law trumping state law do these idiots not understand? hobbit709 Feb 2015 #1
all of it! Cryptoad Feb 2015 #2
They live in a world of delusions and fears incapable of understating many things. n/t RKP5637 Feb 2015 #5
They understanding it. They just don't respect it. nt ladjf Feb 2015 #20
I don't believe the courts were ruling on any federal laws. The issue was whether provisions in the 24601 Feb 2015 #28
It's time for some federal contempt hearings. n/t ColesCountyDem Feb 2015 #3
Dont they have to have standing though as in dont they have to be able to show that gay marriage cstanleytech Feb 2015 #4
They been asked in various cases across the US how gay marriage directly affects them, RKP5637 Feb 2015 #7
It is all about Hate for these types... SoapBox Feb 2015 #22
They often call their brainwashed flocks the faithful, it should really be changed to the hateful! RKP5637 Feb 2015 #24
they could look to Iowa to see how gay marriage has just destroyed us rurallib Feb 2015 #9
Horse is dead .. DemoTex Feb 2015 #6
I question their standing to petition the court on these grounds. Shrike47 Feb 2015 #8
It's truly twisted that some folks believe that marriage equality affects them more than... Yavin4 Feb 2015 #10
Love will win over these bigots on Valentine's Day riversedge Feb 2015 #11
What basis does anyone have to halt issuance of marriage licenses? Thor_MN Feb 2015 #12
Where does all this time and money PumpkinAle Feb 2015 #13
Nothing better to do in Bama? damnedifIknow Feb 2015 #14
When a state wastes their money on these petitions - who pays? AL is a poor state. I am sure they jwirr Feb 2015 #15
The supremacy clause should control Gothmog Feb 2015 #16
Years ago King Canute ordered the tide to stop coming in ..... Botany Feb 2015 #17
These activist conservative judges hate America and its traditions. How else can you explain... EEO Feb 2015 #18
50-some years after this BumRushDaShow Feb 2015 #19
Alabama, "The Make Me State" yallerdawg Feb 2015 #21
When does the National Guard come in geomon666 Feb 2015 #23
Send in the troops to Backwardsville. Some things never change Down South. blkmusclmachine Feb 2015 #25
Image URL: http://hdwpapers.com/thumbs/confederate_rebel_flag_wallpaper_hd-t2.jpg blkmusclmachine Feb 2015 #26
Children, don't make me come down there! shenmue Feb 2015 #27
Tenth Amendment, assholes! Manifestor_of_Light Feb 2015 #29

24601

(3,962 posts)
28. I don't believe the courts were ruling on any federal laws. The issue was whether provisions in the
Sat Feb 14, 2015, 07:17 PM
Feb 2015

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.

cstanleytech

(26,319 posts)
4. Dont they have to have standing though as in dont they have to be able to show that gay marriage
Sat Feb 14, 2015, 10:39 AM
Feb 2015

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)
7. They been asked in various cases across the US how gay marriage directly affects them,
Sat Feb 14, 2015, 10:52 AM
Feb 2015

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)
22. It is all about Hate for these types...
Sat Feb 14, 2015, 01:38 PM
Feb 2015

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)
24. They often call their brainwashed flocks the faithful, it should really be changed to the hateful!
Sat Feb 14, 2015, 03:03 PM
Feb 2015

rurallib

(62,448 posts)
9. they could look to Iowa to see how gay marriage has just destroyed us
Sat Feb 14, 2015, 11:06 AM
Feb 2015

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.

Shrike47

(6,913 posts)
8. I question their standing to petition the court on these grounds.
Sat Feb 14, 2015, 10:57 AM
Feb 2015

But nut burgers get special privileges.

Yavin4

(35,446 posts)
10. It's truly twisted that some folks believe that marriage equality affects them more than...
Sat Feb 14, 2015, 11:18 AM
Feb 2015

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.

 

Thor_MN

(11,843 posts)
12. What basis does anyone have to halt issuance of marriage licenses?
Sat Feb 14, 2015, 11:26 AM
Feb 2015

Who has standing? Doesn't someone have to prove harm ( and their wittle feewings don't count)?

PumpkinAle

(1,210 posts)
13. Where does all this time and money
Sat Feb 14, 2015, 11:40 AM
Feb 2015

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.

jwirr

(39,215 posts)
15. When a state wastes their money on these petitions - who pays? AL is a poor state. I am sure they
Sat Feb 14, 2015, 12:03 PM
Feb 2015

could find other things to spend their money on.

Botany

(70,584 posts)
17. Years ago King Canute ordered the tide to stop coming in .....
Sat Feb 14, 2015, 12:12 PM
Feb 2015



..... 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)
18. These activist conservative judges hate America and its traditions. How else can you explain...
Sat Feb 14, 2015, 12:27 PM
Feb 2015

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.

yallerdawg

(16,104 posts)
21. Alabama, "The Make Me State"
Sat Feb 14, 2015, 01:19 PM
Feb 2015

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)
23. When does the National Guard come in
Sat Feb 14, 2015, 02:02 PM
Feb 2015

and starts ordering these people to do their jobs or get the fuck out of the way?

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