Posted on 02/10/2015 12:17:26 PM PST by GIdget2004
A federal judge in Mobile on Tuesday set a 1 p.m. hearing for Thursday to consider a request to order Mobile County Probate Judge Don Davis to issue marriage licenses to same-sex couples.
The marriage license office has been closed since Monday morning to all couples, gay and straight. Davis has sought "clarification" form the state Supreme Court of an administrative ordered issued Sunday by Chief Justice Roy Moore instructing probate judges not to complete with a federal court ruling striking down the state's ban on gay marriage.
Attorneys for a group of plaintiffs who could not get licenses on Monday have asked U.S. District Judge Callie V.S. "Ginny" Granade to compel Davis to comply with the Jan. 23 ruling.
"We want these windows opened and our clients to get marriage licenses," said attorney Heather Fann, referring to marriage license stations that remained closed Tuesday.
Mark Erwin, the Mobile County Probate Court chief of staff, referred calls to outside lawyers representing the office. They could not immediately be reached for comment. The Alabama Attorney General's Office already has said it has no position on the motion.
Heather Fann, an attorney for the plaintiffs, said she believes other probate judges would comply with whatever Grande tells Davis to do.
"I would think it would apply to everyone," she said.
(Excerpt) Read more at al.com ...
Judge Moore has ruled that gay marriage licenses should not be issued in Alabama.
Pro-gay activist judges are blowing the smoke of legal technalities in everybody’s faces imo.
It remains that the states have never amended the Constitution to expressly protect gay marriage. So the states are free to make 10th Amendment-protected laws which prohibit constitutionally unprotected gay marriage imo, as long as such laws don’t also unreasonably abridge constitutionally enumerated rights.
Well, When the Supreme’s took on DOMA they stated that the Right of the state to define marriage is supreme over fed law. That’s why DOMA was struck down. It forced the FED to accept whatever marriage was in the state they were married in for Fed Purposes of benefits. So has that changed? Is the FED now the purveyor of States Rights??
States rights ended around 1865 for the most part.
The judiciary has decided to impose homosexuality on the nation and that is the end of it as far as the legal process is concerned.
The Supreme Court has no intention of overturning judicial imposition of homosexuality on the nation.
That is why they ducked the Alabama appeal.
If you don’t have homosexual marriage in your state yet, you soon will.
Next will come federal lawsuits against anyone who reserves the right to disagree with the imposition of homosexuality based on their religious beliefs.
Guess who will win and who will lose in the courts.....
What happens if this Probate Judge if he just says NO?
Do you know where the Supremes stated that the right of the states to define marriage is supreme timlilje? I took a look at United States v. Windsor, but so far have not found such language.
In fact, I find it disturbing that not only have I so far not found any reference to the 10th Amendment in the Windsor opinion, but I found the following disturbing language about state power to regulate marriage.
"Assessing the validity of that intervention requires discussing the historical and traditional [emphasis added] extent of state power and authority over marriage.” — United States v. Windsor, 2013 .
The Supreme’s use of the word traditional in reference to 10th Amendment-protected state power to regulate marriage is arguably an attempt by the Court to water down 10th Amendment-protected state sovereignty.
In fact, consider the following excerpt from Wickard v. Filburn where, using terms like “some concept” and “implicit,” here is what was left of the 10th Amendment after FDR’s thug justices got finished with it.
“In discussion and decision, the point of reference, instead of being what was “necessary and proper” to the exercise by Congress of its granted power, was often some concept of sovereignty thought to be implicit [emphases added] in the status of statehood. Certain activities such as “production,” “manufacturing,” and “mining” were occasionally said to be within the province of state governments and beyond the power of Congress under the Commerce Clause.”— Wickard v. Filburn, 1942.
FDR’s activist justices had essentially reduced the 10th Amendment to a wives’ tale and I suspect that Obama’s activist justices are still following in those footsteps.
What part of the 10th Amendment don’t these judges get? Obie I and his stacked courts are out to destroy Federalism, marriage, AND capitalism.
“What happens if this Probate Judge if he just says NO?”
Not sure. Contempt of court? Fines? Jail?
The judge who ordered Alabama to allow same-sex marriage was appointed by George W. Bush, on the recommendation of Jeff Sessions.
The judge who ordered Alabama to allow same-sex marriage was appointed by George W. Bush, on the recommendation of Jeff Sessions.
They spent millions to get this on the ballot and lost. They then went judge shopping in the states on a fed level and now they are suing counties.
They are pathetic and childish who think their perverted sickness should be normal and we should accept it.
FIGHT! The governor and AL courts and clerks should fight this tooth and nail. MAKE the Feds fine you, threaten you, sanction you...all in vain. This should also be the model for immigration as well. Ignore the SCOTUS ruling on AZ SB1070 and detrain and imprison illegals and REFUSE to turn them over to ICE for release.
If the federal judge orders him to give licenses to same-sex couples (and the federal judge may not, for legal reasons that are a bit complicated), and he refuses, the federal judge can hold him in contempt and can send federal marshals to arrest him.
Ask Governor Faubus how well that worked out at Little Rock Central High School. (And no, I am not comparing segregation to traditional marriage, I am just pointing out that the federal government has considerable firepower at its disposal if the President wants to enforce a federal court order against recalcitrant state officials).
alabama should tell the Fed judge to go to hell
NOTHING will happen, so long as Alabama's governor, legislature and troopers stand firm. This is the ONLY WAY to deal with Federal tyranny, short of the Amendment V process. complete nullification of Federal rulings that violate the Constitution.
And you’re implying.......
...that this particular court was not "stacked" by "Obama."
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