Alabama stays same-sex marriage

I was going to post about something that Judge Greg Norris  (president of the Alabama Probate Judges Association) said, but it is moot know that there is a two week hold on issuing marriage license in Alabama, effective today.

What I was going to say was that when a Judge states that the ruling by US District Judge Callie V.S. Granade that the Alabama Statutory and constitutional bans which banned gay marriage are unconstitutional was a great step forward (and it still is). However Judge Norris stated that it would be up to each probate judge to decide whether or not to issue marriage licenses as Judge Norris said that the US District Court ruling was only binding on that one couple.

Now, that is not how the law works.  When a higher court in your state rules on a case, it is binding for your State, unless it is overturned by a higher court.  It isn’t up to the individual probate judges what they want to do, once the higher court ruled, the would have to issue the licenses. Now that there is a stay issued, that is held for two weeks.


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