A Collaboration with the University of Pittsburgh

Alabama Supreme Court dismisses petitions against same-sex marriage

[JURIST] The Alabama Supreme Court dismissed [ruling] petitions Friday that sought a ruling declaring the state's prohibition on same-sex marriage valid despite the US Supreme Court's June ruling declaring same-sex marriage legal. The petitions had been filed by the Alabama Citizens Action Program, Elmore County's probate judge and the Alabama Policy Institute and sought a writ of mandamus commanding judges in the state not to issue marriage licenses to same-sex couples and not to recognize any marriage licenses issued to same-sex couples. The court issued a one-page order and 169-page opinion with nine justices concurring and seven writing opinions. One of the justices, Justice Greg shaw stated [AL report] that he disagreed with Chief Justice Moore and that, "if a judge finds that he or she cannot abide by a controlling decision of a higher court, then that judge should resign from office".

In January, Chief Justice Roy Moore instructed state judges not to issue same-sex marriage licenses [JURIST report]. The Alabama Supreme Court had ruled in March 2015 that the state's ban on same-sex marriage is legal and Moore's order stated that ruling remained in effect despite the Supreme Court finding [JURIST report] such bans unconstitutional. Moore's order had caused confusion among probate judges, with some defying the order and issuing same-sex marriage [JURIST backgrounder] licenses.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.