Alamabama Supreme Court's ruling that was issued last March stays in effect regarding the same-sex marriage ban. Chief Justice Roy Moore just issued the order about it, including the probate judges who have been given a ministerial duty to not issue any marriage license that may be against the state's law and constitutional amendment of the said ban.
Christian Post reported that for Moore, the conflict between the U.S. Supreme Court ruling in June and the state court ruling has caused 'confusion and uncertainty' amongst probate judges. The act of issuing the order was Moore's way of doing his role as the administrative head of the state court system.
Further, he quoted a state law saying that the chief justice has the power to "take affirmative and appropriate action to correct or alleviate any condition or situation adversely affecting the administration of justice within the state." Thus, until the Alabama Supreme Court gives further decision, the Alabama Sanctity of Marriage Amendment a.k.a. the Alabama Marriage Protection Act stays in full force and effect, Al stated.
As for gay marriage activists and legal experts, they assailed Moore's order as they afforded all same-sex couples to have the right to marry in all 50 states.
Gay marriage activists and legal experts assailed the order, arguing last June's landmark US Supreme Court decision afforded same-sex couples the right to marry in all 50 states. The Alabama chief federal prosecutors also disagreed with the order, saying that the state is instructed to follow and abide by the Supreme Court's decision.
Also, according to Buzz Feed, SPLC senior staff attorney Scott McCoy is against Moore as well. He said, "If probate judges violate the injunction, they can be held in contempt. This is Moore yet again confusing his role as chief justice with his personal anti-LGBT agenda."
Nevertheless, at least one county already followed Moore's order to stop marriage licenses. Moreover, the order remains effective whether same-sex marriage activists and legal experts oppose it.
