Alabama Chief Justice Roy Moore has sparked confusion about gay marriage in the state again.
On Monday, the Alabama Supreme Court issued an order stating that the parties in the same-sex marriage case decided by the Supreme Court on Friday have 25 days to file a petition to rehear the case, AL.com reported.
Moore, who recused himself from the Monday order, claims that the state Supreme Court order keeps county probate judges from issuing marriage licenses to gay couples for 25 days.
“Basically it states that in the court’s judgment it (the U.S. Supreme Court ruling Friday) is tabled effective until after the hearing (before the Alabama Supreme Court),” he said, according to AL.com. “It’s not in effect until after this hearing in this 25-day period.”
However, it’s not clear that the order keeps probate judges from issuing marriage licenses to gay couples, and according to the Human Rights Campaign, Moore’s interpretation is incorrect.
The group’s legal director, Sarah Warbelow, said in a statement that the Alabama Supreme Court order does not impact marriage licenses for gay couples in the state.
“There is no justification for delaying or obstructing the clear message of the Supreme Court of the United States—marriage equality must begin in Alabama, and probate judges who stand in the way of that legal imperative risk exposing themselves to legal consequences,” Warbelow said in a statement. “There is zero chance of marriage equality being reheard by the Supreme Court—particularly given that all four states that were parties in this case have accepted the outcome—and as a result the Court’s holding in Obergefell v. Hodeges should be implemented across the country immediately.”
Probate judges in Alabama appear to be confused by the order.
“I am not real clear what it’s saying,” Jefferson County Probate Judge Sherri Friday told AL.com. “It’s very unclear.”
The Crimson White reported that the probate judges in Tuscaloosa County will not issue marriage licenses to gay couples for 21 days. But the Jefferson County Probate Judge Alan King, said that his office will issue licenses to same-sex couples.
BREAKING Jeffco Probate employees told by Probate Judge Alan King to defy order and continue to issue marriage licenses to gay couples
— Alan Collins (@fox6alancollins) June 29, 2015
Moore has sparked chaos over gay marriage in the state before. When a federal judge ruled in February that the state’s ban on gay marriage is unconstitutional, Moore ordered probate judges to refrain from issuing marriage licenses to gay couples.
Under what authority again?
How long until the federal marshals or the circuit court tell him he’s out of line?
Roy’s bag 'o magic hayseeds…
What a dreadful, evil man.
The order issued was an “invitation” for parties to the gay marriage case pending in the Alabama Supreme Court to submit motions and briefs on the effect of Obergefell on the orders issued by in the Alabama case. The rehearing deadline in the Obergefell is what we in the law biz call “surplusage.” It has no connection to the order at all and was clearly just Moore ratfucking for the sake of ratfucking. (Which, of course, is now legal now that the Surpeme Court has abolished civilization and morality.)
The case Moore is trying to sow confusion with is dead-letter.
The dying ember of discrimination in marriage law which Moore is trying desperately to fan back to life.
Sad.