By Neisha Roberts
The Alabama Baptist
For some Alabamians the recent rulings on same-sex “marriage” in the state seem more like a game of “He Said, She Said.”
On March 3 the Alabama Supreme Court issued a writ of mandamus ordering probate judges across the state to stop issuing same-sex “marriage” licenses, something they had been told to do less than a month earlier.
The state Supreme Court said in part in the 148-page order, “As it has done for approximately two centuries, Alabama law allows for marriage between only one man and one woman. Alabama probate judges have a ministerial duty not to issue any marriage licenses contrary to this law. Nothing in the United States Constitution alters or overrides this duty.”
Six justices concurred on the order, one concurred in part and one, Justice Greg Shaw, dissented from the decision. Judge Roy Moore recused himself from the case.
The order came after granting the emergency petition submitted by Alabama Policy Institute (API) and Alabama Citizens Action Program (ALCAP) on Feb. 11. The petition requested the state’s ban on same-sex “marriage” remain in effect until the U.S. Supreme Court rules on the issue in June.
Four judges filed responses Feb. 18 against the petition (Alan L. King, Jefferson County; Robert M. Martin, Chilton County; Tommy Ragland, Madison County; Steven L. Reed, Montgomery County). Elmore County Judge John E. Enslen responded in agreement with API and ALCAP and asked for “emergency and other relief … relating to the issuance of marriage licenses to same-sex couples.”
Eric Johnston, attorney for ALCAP, explained how Enslen’s response caused the state Supreme Court to realign him from being a respondent to being a petitioner with the two Alabama nonprofits.
According to Johnston, the order takes effect immediately and joins every probate judge in the state under the same order — stop issuing same-sex “marriage” licenses. Judges in the state were given five days to respond to the ruling and at press time none had responded.
One exception
The one exception is in Mobile County Judge Don Davis’ case because he was ordered Feb. 12 to issue licenses to same-sex couples by Federal District Court Judge Callie V.S. Granade. He had closed the marriage license division of the Mobile probate office following a Feb. 8 order from Moore, who had ordered judges to not issue same-sex licenses and to not obey Granade’s ruling that made same-sex “marriage” legal Feb. 9. At press time, Davis had not declared what he would do.
Johnston didn’t anticipate that anyone would respond since the order “explained exactly what the law is.”
“The Court has already addressed every fact, question or issue,” he said. “(Judges) can say anything they want to say but there’s not much (left to) say.”
Now the question may be does this new order make the dozens of marriage licenses issued to same-sex couples null and void?
Not according to Henry C. Strickland, dean of Samford University’s Cumberland School of Law in Birmingham, who also said there’s “not a clear answer.”
He referenced cases in other states where “some lower court or legal ruling made gay ‘marriages’ legal and then subsequent actions were taken that made them illegal again.”
“My understanding, at least in those instances, is that the courts that addressed the question found that the marriages in the interim stood while it was deemed legal,” he said. “They didn’t go back and annul those. That should be consistent (in Alabama). As unnerving as it may be, while important legal rulings are pending on appeal … it is legal. Ordinarily (courts) don’t give rulings in retroactive effect.”
Johnston disagreed. “Same-sex ‘marriage’ is simply not legal in Alabama and it has not been the law for 196 years. We are not talking about changing a law and making it retroactive. We are talking about a law that was clear and unequivical.
“These same-sex ‘marriages’ were entered into by persons who knew there were legal questions. Two wrongs don’t make a right.”
On the opposing side, the National Center for Lesbian Rights said in a statement, “It is deeply unfortunate that even as a nationwide marriage equality is on the horizon the Alabama Supreme Court is determined to be on the wrong side of history. The only question is not whether marriage equality will return to Alabama but how quickly.”
Various news sources also reported that the next likely move would be for probate judges to file an emergency stay with the U.S. Supreme Court in order to continue to issue same-sex “marriage” licenses.
Rick Lance, executive director of the Alabama Baptist State Board of Missions, continued to encourage Alabama Baptists to pray over this situation.
He and Travis Coleman Jr., president of the Alabama Baptist State Convention, said in a joint statement March 4, “We affirm all those who seek to restore biblical marriage to its rightful place of sole authenticity and legality in Alabama and elsewhere.
“We continue to pray for local, state and federal officials … who will make decisions in the months to come about this issue. We continue to pray that any actions and rulings will affirm biblical marriage as the only legally sanctioned form.”
Share with others: