ALCAP seeks ruling to stop gay ‘marriage’

In an effort to stop the “confusion and quandary” for Alabama’s probate judges over the issue of same-sex “marriage,” a petition has been filed with the Alabama Supreme Court. The petition asks the court to stop the issuance of marriage licenses to same-sex couples until the U.S. Supreme Court rules on the issue later this year. 

Alabama Citizens Action Program (ALCAP) and Alabama Policy Institute (API) jointly filed a petition for writ of mandamus Feb. 11, two days after same-sex “marriage” was legalized in the state through a federal court ruling. The writ seeks to have the state’s ban on same-sex “marriage” declared valid until struck down by the U.S. Supreme Court, a ruling that would effectively halt the issuance of marriage licenses to same-sex couples. 

Liberty Counsel, a nonprofit litigation, education and policy organization, and ALCAP attorney Eric Johnston filed the petition on behalf of ALCAP and API to protect the Sanctity of Marriage Amendment of Alabama’s Constitution, which was approved by 81 percent of Alabama voters in 2006.

On Feb. 13 the Alabama Supreme Court voted 6–2 to consider the petition. Chief Justice Roy Moore was the only justice not listed as taking part in the decision. However, the state’s probate judges filed responses Feb. 18 claiming ALCAP and API did not have the right to seek a writ of mandamus because neither was affected by the marriage ruling in any way. 

Advising churches

ALCAP executive director Joe Godfrey disagreed. In an interview Godfrey said his organization was directly involved in providing assistance and counsel to churches and pastors about the issue of same-sex “marriage.” Godfrey said he had been invited by numerous Alabama Baptist churches and associations across the state to provide counsel on appropriate response to the recent federal court rulings and how they impacted congregations, pastors, families and individual members. 

Equality Alabama, a group that supports same-sex couples, also filed a brief urging the Alabama Supreme Court to dismiss the petition. 

ALCAP and API responded to both briefs Feb. 23. Now all parties will wait to see if the state’s high court grants or denies the writ, Johnston said. 

“We want the Alabama Supreme Court to tell its own judges what to do until the U.S. Supreme Court rules on this issue in June,” he said. “It’s the only remedy available to us.”