Alabama Supreme Court DID Reject U.S. Supreme Court Marriage Opinion

Mar 7, 2016

Last Friday the Alabama Supreme Court rejected the U.S. Supreme Court’s 5-4 marriage opinion, but some media erroneously reported the exact opposite.

On March 3, 2015, the Alabama Supreme Court issued its historic 135-page order in favor of Liberty Counsel’s Emergency Petition for Mandamus, in which the Court upheld the state’s marriage laws and ordered certain named probate judges to cease issuing marriage licenses to same-sex couples.

Probate Judge Don Davis asked to be relieved of the order because it would cause him to violate a federal court order that struck down the marriage law. On March 10, 2015, the Alabama Supreme Court issued a second order refusing to relieve him of the order and directing that he immediately cease issuing same-sex marriage licenses. On March 12, 2015, the Alabama Supreme Court issued a third order directing that “all probate judges” in the state are subject to the March 3, 2015, order and that they must immediately cease issuing same-sex marriage licenses.

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