[Magdalen] Please help me understand

[Eleanor Braun]

The legal position of the judges is correct.  The US Constitution is the
supreme law of the land, and SCOTUS ultimately decides what the
Constitution says.  The marriage equality cases are fundamentally being
decided under the 14th Amendment to the Constitution, which provides:  "No
State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive
any person of life, liberty, or property, without due process of law; nor
deny to any person within its jurisdiction the *equal protection of the
laws.*"  State judges cannot "nullify" federal law.

I don't know what real authority Judge Moore has over the probate judges,
since they are complying with federal law (as it stands now for Alabama,
and assuming the SCOTUS does uphold marriage equality generally later this
year).  They may be subject to being voted out of office or not re-elected
next election.  But the law will be settled, I do hope.

Eleanor

On Mon, Feb 9, 2015 at 6:10 PM, Roger Stokes <roger.stokes65 at btinternet.com>
wrote:

> In January a judge in a federal district court found that the Alabama ban
> on same-sex marriages was unconstitutional but stayed her order to allow
> time for an appeal.  I assume this should have been to the 11th Circuit
> Appeals Court who could have granted a further stay pending hearing of an
> appeal.
>
> The New York Times is now reporting that the Alabama Attorney General
> asked the Supreme Court to extend that stay pending SCOTUS determining the
> issue later this year but the Supreme Court Justices denied that request.
> I assume this allowed Justice Granade's finding in district court to take
> effect and allow same-sex couples to get marriage licenses.
>
> Meanwhile the Chief Justice of the Alabama Supreme Court ordered probate
> judges not to issue marriage licenses to same-sex couples but, following
> the SCOTUS refusal to extend the stay, some judges have apparently issued
> marriage licenses to same-sex couples.
>
> I understand that marriage legislation is up to the several states in
> their own jurisdictions assuming that this does not conflict with the US
> Constitution.  Chief Justice Moore of the Alabama Supreme Court apparently
> issued his order before SCOTUS said it would not extend the stay on Judge
> Granade's order but has his directive been rendered moot (ineffective) now
> that the federal judge's order has become effective?  What is the position
> of the judges who have issued same-sex marriage licenses in defiance of
> Moore's order?
>
> Roger
>