In a 7-2 decision, the Supreme Court declined to stop gay marriage from going into effect in Alabama. Justices Scalia and Thomas dissented
Alabama Chief Justice Roy Moore had sent an order to probate judges Sunday night, instructing them not to issue marriage licenses to same-sex couples, NBC News reported.
Judge Alan King of Jefferson County ignored the order and went ahead with the ceremonies. “We have very large crowds generally on Valentine’s Day here,” said King, according to NBC News. “This is by far the largest crowd that I’ve seen. It’s a very happy occasion.”
King felt that he had “a duty to follow the U.S. Constitution” and that Moore’s order had no legal standing.
Moore wrote on Sunday night that “effective immediately, no probate judge in the state of Alabama nor any agent or employee or any Alabama probate judge shall issue or recognize a marriage license that is inconsistent with (the Alabama Constitution).” Moore argued that judges were not bound by the ruling of a federal court that says gay marriage bans are unconstitutional.
On January 23rd, U.S. District Judge Callie Granade ruled that Alabama’s ban on gay marriage was unconstitutional. She stayed her order until Monday to allow the state time to adapt to the change.
Moore argued that until the Supreme Court renders a clear-cut decision on gay marriage, the power rests with the states to do as they see fit. He was quoted in 2002 as saying that homosexuality was an “inherent evil.”
Despite Moore’s order, most judges are expected to issue marriage licenses to same-sex couples.
Susan Walton, executive director of the ACLU in Alabama commented on the case by saying: “We will see marriage equality in Alabama tomorrow. I don’t think the probate judges in Alabama are going to defy a federal court judge’s order.”
Alabama Attorney General Luther Strange had requested that the U.S. Supreme Court halt Granade’s order until the justices issues a decision that applies federally to all 50 states. The court did not have enough time to consider Strange’s request as courthouses were set to open just hours after it was filed.
Alabama has now become the 37th state with gay marriage.