Sunday, March 13, 2016

Alabama gives up same sex marriage fights//Howard Wasserman /Prawfs Blog

 Alabama Probate judges are issuing marriage licenses to same sex couples - because they are obeying a federal court order, although the Alabama Chief Justice's directive to follow Alabama law remains in place, as Martin Lederman and Howard Wasserman explain. - gwc

Alabama Supreme Court dissmisses same-sex marriage mandate // Prawfs Blawg

The Supreme Court of Alabama today dismissed the mandamus action, and all pending motions, filed by several advocacy groups to stop probate judges from issuing marriage licenses to same-sex couples. I have not had a chance to read it yet; it includes a lengthy opinion from Chief Justice explaining why he is no longer recusing himself from the action and why Obergefell is evil.

The upshot is that there is no longer any state-court order obligating probate judges to act inconsistently with Obergefell. Some still might, of course, but they cannot rely on the state court to justify doing so.
More (no pun intended) later this weekend.

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