Alabama Supreme Court considers petition to stop gay marriage licenses

Alabama Supreme Court considers petition to stop gay marriage licenses

The Alabama Supreme Court announced it will weigh whether or not to ignore a federal judge's order to issue marriage licenses for same-sex couples, which would force the U.S. Supreme Court to step in this summer.

Opponents of gay marriage in Alabama aren’t going down without a fight despite a federal judge striking down the statewide ban, as the Alabama Supreme Court late Friday agreed to consider a petition to halt same-sex marriage licenses in defiance of the federal courts.

U.S. District Court Judge Callie V. Granada struck down Alabama’s ban on same-sex marriage last month, which freed up probate judges to start issuing marriage licenses to same-sex couples. However, many probate judges in the state still refused to issue licenses after the Chief Justice of Alabama’s Supreme Court, Roy Moore, ordered them to stop, prompting Granade to demand that probate judges obey the order immediately.

But that clearly isn’t the end of the issue as far as many in Alabama are concerned, as the state Supreme Court ruled overwhelming 6-2 to set up a schedule next week to allow the two sides to file their answers and briefs, although it did not say whether it would allow oral arguments before responding to the petition, according to an AL.com report.

The petition was filed by the Alabama Policy Institute and Alabama Citizens Action Program, which are opposed to gay marriage. The petition asks for a write of mandamus declaring that the state’s ban on gay marriage is still in effect despite the federal ruling, stopping probate judges from issuing licenses to same-sex couples.

Eric Johnston, an attorney for API and ALCAP, blamed Granade for issuing an order that caused confusion amongst probate judges, according to the report.

The judge will seek to hear from as many probate judges as possible, although not all of them have to respond. If the state Supreme Court rules and issues a write of mandamus, it would apply to all of them, however.

If that happens, the only court that will be able to step in to settle the issue will be the U.S. Supreme Court, which is scheduled to take up the issue this spring, with a ruling expected in June.

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