In what could become a precedent for court power, one state is set to defy the U.S. Supreme Court’s recognition of “same-sex marriage” more than three months after “five lawyers” defied the wishes of a majority of voters in dozens of states.
The fight over marriage in Alabama had reached the boiling point before the Supreme Court issued its Obergefell opinion in June, with a federal judge demanding acknowledgement of same-sex marriage and the Alabama Supreme Court issuing a permanent injunction against the order.
But when the Supreme Court decision was announced in June, Alabama did not, like other states, suddenly declare the issue resolved. Instead, it invited submissions of arguments over the applicability of the ruling in the state.
And the decision on whether the injunction remains in effect hasn’t been released.
It’s coming to a head now because several probate judges – the only people in Alabama authorized to issue marriage licenses – are becoming concerned about their own constitutional protections and have asked the state’s high court to issue its decision.