Thursday, February 12, 2015

Alabama Supreme Court Dismisses Probate Judge's Request for Instructions

Probate Judge Don Davis was faced with contradictory orders of the federal district court and the State's crusading Chief Justice Roy Moore.  Davis's refusal to permit a spousal adoption led to the Searcy v. Strange case which held unconstitutional Alabama's "Sanctity of Marriage" law and constitutional amendment.  He closed his office.  Then he sought instructions from the state Supreme Court.  Yesterday the Court dismissed the petition as a a request for an unauthorized "advisory opinion".  Odd since the court is vested with "general supervision" authority by the Alabama Constitution.

Justice Bolin,concurring, laments the "three ring circus" but blames everyone except Clarence Thomas and Antonin Scalia who, he believes, correctly said the Supreme Court should have stayed the order of District Judge Granade which precipitated the crisis.It will now be up to her to decide whether to order that marriage licenses be issued.  - gwc

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