Alabama

Since same-sex marriage is now legal on a federal level, some may have assumed the battle would be over. After all, once something becomes federal law, there’s not a lot people can do about it. However, there have been many challenges that have been experienced within the nation.

While most of the country was happy to accept the change, there has been enough conflict to cause some real issues in some parts of the country. This has been especially true for more conservative states. In Kentucky, for example, Kim Davis made it all but impossible for same-sex couples (or any couples, for that matter) to get their marriage licenses, despite a court order to do so. Now, Alabama has become the center of the media’s attention, as the chief justice has tried to put a ban on same-sex marriage in the state.

Chief Justice

Alabama Supreme Court Chief Justice Roy Moore made a ruling on Wednesday ordering all probate judges to stop issuing marriage licenses to same-sex couples. Before the Supreme Court’s same-sex marriage ruling in June of 2015, same-sex marriage was still banned in Alabama. In fact, the Supreme Court of Alabama had made a ruling just months before in March of 2015 upholding the state’s ban. Because of this, the chief justice feels the state should not be allowing same-sex marriage. He thinks the ruling made by the Supreme Court has led to confusion. Moore also pointed out that Obergefell vs. Hodges, the court case that led to the Supreme Court’s ruling, only overturned the ban on same-sex marriage in several states. These states include:

• Kentucky
• Michigan
• Ohio
• Tennessee

Moore wants the probate judges to wait until the Supreme Court of Alabama makes its own ruling before deciding whether or not to allow same-sex marriage in the state.

Moore’s Rocky Past

This is not the first time Moore has had a run-in with the federal courts. Early in 2015, the U.S. District Court ruled Alabama’s statewide ban on same-sex marriage was unconstitutional. After the ruling, Moore told his probate judges they didn’t need to listen to the ruling. Twenty years ago, Moore became known as the “Ten Commandments Judge” when he hung the Ten Commandments in his courtroom. He added a monument for the commandments later when he became chief justice. He was ordered in 2003 to remove the monument, and he refused. He was kicked out of office for his defiance. He was elected back into his position in 2012.

Probate Judges Not Listening

Despite the chief justice’s controversial ruling, not many probate judges are listening. Before he issued the order, there were nine probate judges who were not issuing any marriage licenses, for either same-sex or heterosexual couples. There are 67 probate judges in Alabama, so this number didn’t appear to be too significant. After Moore issued his ruling, only 13 out of the 67 were not issuing licenses, meaning only four obeyed his ruling. With only six percent of the probate judges following his orders, the ruling didn’t seem to carry much weight. It’s not terribly surprising considering his ruling cannot override the Supreme Court’s ruling.

Same-Sex Marriage

Still, this is causing a lot of conflict in Alabama. There are some couples who may have to drive over 100 miles to get to a place where they can get a marriage license. This is because three of the probate judges not issuing the licenses are in contiguous areas of the state. Also, probate judges are confused about who they should listen to. Technically, Moore is their boss, but they don’t want to defy the Supreme Court either.

More than likely, it won’t be long before a higher court reminds Moore he does not have the right to defy court orders. Hopefully, he will be willing to listen so things don’t get worse.