Chief Justice Roy Moore—above the law.
The Alabama Supreme Court ruled Tuesday that probate judges must stop issuing marriage licenses to same-sex couples. It's the latest installment of
an ongoing battle triggered by the
January ruling of a federal judge that the state's ban on gay marriage is unconstitutional. Alabama's Chief Justice Roy Moore then ordered probate judges statewide not to issue licenses to same-sex couples. But as of mid-February,
a majority of the state's probate judges had begun issuing marriage licenses, while some were declining to issue licenses to any couples at all.
Alabama TV Station WAFF reports on the latest:
Probate judges are now instructed to respond to Tuesday's order within five business days to show cause as to why they should be allowed to issue licenses.
Here's an excerpt of
the ruling, authored by Chief Justice Moore himself:
It is clear that no other court in this State has the jurisdiction to provide the relief necessary in this most unusual of cases. There is a need for immediate, uniform relief among all the probate judges of this State, and no circuit court has jurisdiction over any probate judge outside its territorial jurisdiction...
The "magnitude and importance" of the issue before us is unparalleled. And the "special reasons" that compel us to act are unlike any other in the history of our jurisprudence... we are clear to the conclusion that this Court has the authority to act in this matter to maintain and restore order in the administration of our laws by the probate judges and the courts of this State.
This is most certainly "special" and "unparalleled" but, in some ways, not all that surprising. Moore has always maintained that
he's above the law—arguing that he wouldn't even be bound by a Supreme Court decision legalizing same-sex marriage nationwide.
This latest development is a shame for Alabama's same-sex couples, all of whom deserve the dignity and respect of entering into a legal, state-sanctioned marriage. But at some point, Chief Justice Moore will be slapped down by a larger, more powerful body. And that day is going to be all the sweeter after power grabs like this.