Somehow, the Alabama Supreme Court seems to think it is the final authority on questions of civil rights. (Ahem.)
Apparently, their lessons on the federal Constitution did not include sessions on Article VI, Par. 2 (the Supremacy Clause) or the Fourteenth Amendment. There also happens to be long-standing Supreme Court precedent that directly contravenes their action, namely Ableman v. Booth, 62 U.S. 506 (1859), which found that state courts do not have the authority to overrule federal court decisions.
Here's the full ruling, but be warned: the justices quote Robert P. George as an "authority."
My own opinion, in which I am not alone, is that this one is going down in flames as soon as someone files a federal motion.
Via Joe.My.God.
The two funniest reactions so far:
From Mat Staver, whom Ed Brayton calls "the dumbest lawyer in America not named Larry Klayman:
That's just the beginning.
And this one:
Weeks after a United States District Court judge in Mobile ordered a probate judge there to issue same-sex marriage licenses, the Alabama Supreme Court has ordered a halt to same-sex marriages in the state.
"As it has done for approximately two centuries, Alabama law allows for 'marriage' between only one man and one woman," the order said. "Alabama probate judges have a ministerial duty not to issue any marriage license contrary to this law. Nothing in the United States Constitution alters or overrides this duty."
Apparently, their lessons on the federal Constitution did not include sessions on Article VI, Par. 2 (the Supremacy Clause) or the Fourteenth Amendment. There also happens to be long-standing Supreme Court precedent that directly contravenes their action, namely Ableman v. Booth, 62 U.S. 506 (1859), which found that state courts do not have the authority to overrule federal court decisions.
Here's the full ruling, but be warned: the justices quote Robert P. George as an "authority."
My own opinion, in which I am not alone, is that this one is going down in flames as soon as someone files a federal motion.
Via Joe.My.God.
The two funniest reactions so far:
From Mat Staver, whom Ed Brayton calls "the dumbest lawyer in America not named Larry Klayman:
The ruling by the Alabama Supreme Court is historic, and is one of the most researched and well reasoned opinions on marriage to be issued by any court in the country.
That's just the beginning.
And this one:
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