Thursday, February 12, 2015

QUEER QUOTE: Federal Judge Issues Order Enjoining Alabama Officials To Issue Marriage Licenses

Federal District Court Judge Callie Granade issued an order enjoining probate judges in Mobile, Alabama from refusing to issue marriage licenses to same-sex couples, despite spurious declarations from Chief Justice Roy Moore of the Alabama State Supreme Court that the fact that the United States Supreme Court refusal to issue  a stay on Granade's previous order striking down Alabama's discriminatory marriage amendment caused marriage equality to go into effect on Monday February 9th.

This excerpt from the federal order is today's Queer Quote:
Accordingly, the Court once again makes the following declaration: It is ORDERED and DECLARED that ALA. CONST. ART. I, § 36.03 (2006) and ALA. CODE 1975 § 30-1-19 are unconstitutional because they violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. Probate Judge Don Davis is hereby ENJOINED from refusing to issue marriage licenses to plaintiffs due to the Alabama laws which prohibit same-sex marriage. If Plaintiffs take all steps that are required in the normal course of business as a prerequisite to issuing a marriage license to opposite-sex couples, Judge Davis may not deny them a license on the ground that Plaintiffs constitute same-sex couples or because it is prohibited by the Sanctity of Marriage Amendment and the Alabama Marriage Protection Act or by any other Alabama law or Order pertaining to same-sex marriage. This injunction binds Judge Don Davis and all his officers, agents, servants and employees, and others in active concert or participation with any of them, who would seek to enforce the marriage laws of Alabama which prohibit or fail to recognize same-sex marriage. DONE and ORDERED this 12th day of February, 2015. 

Hat/tip to Chris Geidner 

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