Posted on 02/12/2015 2:16:21 PM PST by Lurking Libertarian
An Alabama federal judge on Thursday ordered the state’s second-largest county to begin issuing marriage licenses to same-sex couples, paving the way for other holdout parts of the state to fall in line.
The ruling from U.S. District Judge Callie V.S. Granade was directed at Don Davis, probate judge of Mobile County, the most populous of several dozen Alabama counties that had not complied with a same-sex marriage ruling that took effect on Monday. Granade’s decision may convince other probate judges to no longer heed an order from Alabama Chief Justice Roy S. Moore to continue refusing to issue same-sex marriage licenses.
"Probate Judge Don Davis is hereby enjoined from refusing to issue marriage licenses to plaintiffs due to the Alabama laws which prohibit same-sex marriage," Granade wrote.
More than 40 of Alabama’s 67 counties were withholding same-sex marriage licenses before Granade’s decision on Thursday. Three-fifths of the holdouts had stopped issuing any marriage licenses and two-fifths were only issuing licenses to opposite-sex couples, according to the nonprofit Human Rights Campaign.
(Excerpt) Read more at law360.com ...
and how does this judge intent to enforce his edict?
Mind if I ask a question seeing as you are a lawyer.
Is our side not arguing the case marriage is not a Constitutional right or even pointing out homosexuals have the same rights to marriage as us?
Do other lawyers feel the same way today as you pointed out?
Are Lawyers now stating there is no 10th amendment?
Sorry for the questions but you know more about legal issues than I.
Refuse to comply. No need for rifles, burning tires, or anything. Just REFUSE. They count on intimidation and bully bluffing.
Go about business as usual, and simply do not offer homo marriages.
Jeff messed up.
States COULD all ban together and say “No federal government- We will NOT comply with your unconstitutional orders” and they could very easily defeat the federal judges on this issue IF they really wanted to- It’s been doen in the past when states banned together and resisted federal orders- but the sad thing is that NO state really wants to stop this unprecedented madness by the government because they don’t want to lose federal money- plain and simple- Our representatives are NOT willing to fight for our RIGHTS any longer!
And when the court rules that all states must recognize homo marriages performed in any other, that of course means my CCW is good in all 57 states, right?
Judge Moore explained that the federal judge does not have the authority or jurisdiction to make such a demand.
He won't have to; the lawyer for the Probate Judge said at the argument in court today that his client (the Probate Judge) didn't care which way the federal court ruled, he just wanted clarity because he didn't know what he was legally required to do.
But if, hypothetically, the Probate Judge were to refuse, the federal judge would hold him in contempt of court and send U.S. Marshals to arrest him. Because this would be civil contempt, not criminal contempt, there would be no jury trial; the federal judge would simply order him held in jail until he agreed to comply.
Police-state fascism, plain and simple.
Good. Let her do that. Then you and all the sexual deviants could celebrate the use of naked force to impose their twisted "right" on an unwilling populace.
The absurd perversion of the language to try to bring this disgusting abomination to fulfillment is nothing but that.
If a few fetid perverts want to use bullets to impose their disease on the States, let them do so and see if what the response is.
Good, those states can celebrate home marriage then. Why pick on the majority of states who want to define it per tradition?
“Is our side not arguing the case marriage is not a Constitutional right or even pointing out homosexuals have the same rights to marriage as us?”
I’m not a lawyer, but I believe that they HAVE decided marriage is a fundamental right. On a couple of occasions.
Of course, that particular incarnation of the Supreme Court couldn’t have foreseen where it would take us.
So where is the counter order from the State judges ordering the arrest of the Federal judge?
I wouldn't "celebrate" this; I think the federal judge is wrong and that there is no constitutional right to same-sex marriage. I was simply answering, as a lawyer, a question about what the judge could do.
exactly and we have a 2nd amendment for that thus you have more of a Constitutional right than homosexual marriage.
thank you
The Supreme Court of Alabama today decided that they were going to take no position on this dispute. (The decision was 6-0, with Chief Judge Moore recused).
As you already know, this is the California Constitution:
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California.
Tell me how your friends Brown and Harris defended this popularly approved AMENDMENT to the Constitution of the State of California.
A federal judge cannot write state laws. Period. Full stop. End of story.
Here’s what I’m seeing.
Most serious lawyers who are honest actually agree that there is no Constitutional right to “gay marriage”, and that it is a field of law that is properly left to the state’s.
The problem (in part) is that most serious people are increasingly not interested in public office or even joining the discussion because of the futility of it all. I certainly sympathize with that view.
So what we are left with is purely politicall driven judges and socialites that rule with little opposition.
Also note, I don’t think improved arguments or positions before the stacked judges would make any difference.
These judges get away with this because they know most office holders are content and won’t take any meaningful risk to oppose them.
I firmly believe this is a fight worth waging, and let the chips fall where they may. We don’t have a chance if we don’t try.
Courts hate to make rulings that won’t or can’t be enforced.
If I were a judge there’s no way I’d perform a “gay marriage” of any kind. I wouldn’t resign either.
There are just some prices too high to pay for peace.
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