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Judge Roy Moore
Alabama Supreme Court Chief Justice Roy Moore on Sunday issued a rare weekend order to the state’s judiciary – banning officials from recognizing same-sex “marriage.” The order was made even more rare by the fact that it conflicts directly with a ruling from a U.S. district judge who is demanding the state recognize same-sex “marriage” starting on Monday.
“Effectively immediately, no probate judge of the state of Alabama nor any agent or employee of any Alabama probate judge shall issue or recognize a marriage license that is inconsistent with Article 1, Section 36.03, of the Alabama Constitution or [Paragraph] 30-1-19, Ala. Code 1975,” said his order, which was dispatched to all state probate judges as well as circuit and district judges Sunday night.
A copy was obtained by WND.
The U.S. Supreme Court on Monday declined to get involved in the dispute at this level, leaving Moore’s order to state judges in conflict with the federal district judge’s order.
The fight is over an order from U.S. District Judge Callie Granade, who told the state to recognize the alternative “marriages” starting Monday. But Moore has cited court precedent that federal district judges cannot impose their rulings on state courts, who, he said, have an equal right to interpret the U.S. Constitution.
He determined that the U.S. Supreme Court is the only court that can overrule the state courts, who had concluded in the fight over marriage that the state constitution, which specifically forbids the recognition of same-sex “marriage,” is valid.
That determination came before the federal judge intervened in the state’s issue.
In his order, Moore noted that he has a responsibility to manage the judicial department’s affairs, and, as he wrote in a letter and memorandum on Feb. 2, “Probate judges of Alabama are not bound by the orders of January 23, 2015, and January 28, 2015, in the case of Searcy v. Strange…”
Read more at WND:
http://www.wnd.com/2015/02/drastic-measure-taken-on-gay-marriage/