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Alabama Supreme Court orders halt to same sex marriage
al.com ^ | 03/03/2015 | Kyle Whitmire

Posted on 03/03/2015 5:47:51 PM PST by GIdget2004

Weeks after a United States District Court Judge in Mobile ordered a probate judge there to issue same-sex marriage licenses, the Alabama Supreme Court has ordered a halt to same-sex marriages in the state.

The order, called a writ of mandamus, had been requested by the Alabama Policy Institute and the Alabama Citizens Action Program last month.

"As it has done for approximately two centuries, Alabama law allows for 'marriage' between only one man and one woman," the order said. "Alabama probate judges have a ministerial duty not to issue any marriage license contrary to this law. Nothing in the United States Constitution alters or overrides this duty."

Alabama Supreme Court Chief Justice Roy Moore has been a vocal opponent of same-sex marriage in the media in the last month. However, he is not listed among the concurring or dissenting judges and appears to have recused himself from the case.

(Excerpt) Read more at al.com ...


TOPICS: Front Page News; News/Current Events; US: Alabama
KEYWORDS: homosexualagenda; no2romneyagenda; no2romneymarriage; romneymarriage
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To: manc

It doesn’t really matter if they are discriminated against for homosexual behavior. The law discriminates based on behavior but you are right there is no discrimination when you choose not to avail yourself of the license requirements. If you don’t don’t pass your driving test you don’t get a license. If you are blind then you can’t drive. You can’t get a license to drive your four wheeler atv on the interstate either. Men can’t take advantage of women’s shelters. The fact is many homosexuals have been legally married to members of the opposite sex and many ex homosexuals are currently married to members of the opposite sex. And you are right you can not be discriminated against concerning same sex marriage licenses when no such thing exists for anyone. Also unless you assert that gender is not a valid legal differentiator, which of course it is, the whole argument collapses. However the one thing that is absolutely NOT debatable is that the US Constitution has no requirement and has never had a requirement not in original or amended form that requires states to issue same sex marriage licenses. Its just made up bull crap. If the supreme court rules that such a thing is a right guaranteed by the constitution they might as well just set the constitution on fire and quit pretending they are following it.


21 posted on 03/03/2015 6:14:12 PM PST by Maelstorm (America wasn't founded with the battle cry of "Give me Liberty or cut me a government check!".)
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To: ResponseAbility

I’m neither bitching or gloating, just stating an inevitable fact. ;-)


22 posted on 03/03/2015 6:14:47 PM PST by doc1019 (Blue lives matter)
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To: doc1019

***I’m neither bitching or gloating, just stating an inevitable fact. ;-)***

So I am guessing that you wish it were not so? And I am sorry that my usual highlighting technique makes your smiley guy look like he is drooling.


23 posted on 03/03/2015 6:20:47 PM PST by ResponseAbility (The truth of liberalism is the stupid can feel smart, the lazy entitled, and the immoral unashamed)
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To: Dilbert San Diego

Make it up as they go along and the federal Rat judges falling all over themselves to support homosexual marriage so they can use it on the resume for future moving up the judicial ladder.


24 posted on 03/03/2015 6:22:38 PM PST by TigerClaws
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To: daniel1212
“Whenever state law conflicts with federal law, federal law wins,” he said

Oh, my! Where to begin?

OK, start here: Wrong, wrong, wrong, wrong WRONG!

First point: There is no Federal law requiring recognition of personal services contracts between two people of the same sex as "marriage".

Second point: The only Federal laws that are superior to, or which vacate, state law are laws (passed by both Houses of Congress and signed by the President) which are made "in pursuance thereof [of the powers delegated to Congress by the States or the People]". No pretended law made by Congress in the future claiming that same-sex relationships are marriages could be a law made "in pursuance thereof", therefore, any such Federal law would be a nullity as regards the states.

Third point: We are not even discussing laws. We are discussing opinions of inferior Federal courts (Article III courts created by Congress). Any opinion of such a court is not a "Federal law", and under no circumstance is Article VI §2 (the "Supremacy Clause") implicated.

Sheesh! Doesn't anybody go to school anymore?

25 posted on 03/03/2015 6:24:11 PM PST by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise. .)
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To: Maelstorm
However the one thing that is absolutely NOT debatable is that the US Constitution has no requirement and has never had a requirement not in original or amended form that requires states to issue same sex marriage licenses

+1.

26 posted on 03/03/2015 6:26:06 PM PST by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise. .)
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To: ResponseAbility

As a Christian, that last thing I want is a bunch of sodomites getting the same recognition as normal male and female marriages. If they want to bugger themselves that is their business, I just don’t want it recognized as normal in any way, shape or form.


27 posted on 03/03/2015 6:27:46 PM PST by doc1019 (Blue lives matter)
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To: manc

I’m still hung up on exactly how one establishes that they are Gay. How do you prove you’re gay and obtain standing to sue as somebody who’s gay.


28 posted on 03/03/2015 6:28:04 PM PST by Usagi_yo (You get what you can take and you keep what you can defend.)
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Less than $2k to go!!

29 posted on 03/03/2015 6:29:41 PM PST by RedMDer (Keep Free Republic Alive with YOUR Donations!)
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To: Jim Noble
OK, start here: Wrong, wrong, wrong, wrong WRONG!

Hold on! I was just quoting from the article, which i should have made clear. May Judge Roy Moore be multiplied!

30 posted on 03/03/2015 7:21:56 PM PST by daniel1212 (Come to the Lord Jesus as a contrite damned+destitute sinner, trust Him to save you, then live 4 Him)
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To: Dilbert San Diego
Do we make laws based on constitutions and laws on the books, or do we make laws and policies based on political correctness???

I am on Judge Moore's side, and was just quoting from the article.

31 posted on 03/03/2015 7:23:27 PM PST by daniel1212 (Come to the Lord Jesus as a contrite damned+destitute sinner, trust Him to save you, then live 4 Him)
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To: Amendment10

Ping


32 posted on 03/03/2015 7:25:42 PM PST by Army Air Corps (Four Fried Chickens and a Coke)
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To: backwoods-engineer
Dear God, thank you for bringing me to this state!

Then why does your profile fly a North Carolina flag?

Still, your words are well spoken!

33 posted on 03/03/2015 7:44:42 PM PST by Alas Babylon! (As we say in the Air Force, "You know you're over the target when you start getting flak!")
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To: daniel1212

Understood. I was just trying to make a point that there seem to be inconsistencies with the notion that federal law, such as it is, always trumps state laws.


34 posted on 03/03/2015 7:45:03 PM PST by Dilbert San Diego
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To: manc

Ditto— thought the same myself— there is no discrimination if the law lets you do the same thing, even if it’s contrary to your desires.


35 posted on 03/03/2015 7:45:16 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens")
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To: doc1019

****As a Christian, that last thing I want is a bunch of sodomites getting the same recognition as normal male and female marriages. If they want to bugger themselves that is their business, I just don’t want it recognized as normal in any way, shape or form.****

Cynicism is best left in the dark and unfed, for it breeds like cockroaches with even the slightest nourishment.


36 posted on 03/03/2015 7:46:06 PM PST by ResponseAbility (The truth of liberalism is the stupid can feel smart, the lazy entitled, and the immoral unashamed)
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To: ResponseAbility

?


37 posted on 03/03/2015 7:47:19 PM PST by doc1019 (Blue lives matter)
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To: Alas Babylon!

Guess I forgot to change it when I moved!
I’ll change my flag now!


38 posted on 03/03/2015 7:52:21 PM PST by backwoods-engineer (Blog: www.BackwoodsEngineer.com)
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To: doc1019

***Until some liberal federal judge further up the food chain turns this decision over.***

If you do not see this as cynicism then...


39 posted on 03/03/2015 7:54:57 PM PST by ResponseAbility (The truth of liberalism is the stupid can feel smart, the lazy entitled, and the immoral unashamed)
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To: ResponseAbility

Look, it is going to happen, you and I both know this so why call it cynicism? How about calling it “inevitable” and fight it from that angle.


40 posted on 03/03/2015 8:00:35 PM PST by doc1019 (Blue lives matter)
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