Legal advisers for the Alabama Probate Judges Association say Friday’s ruling that struck down the state’s same-sex marriage ban only applies to the two plaintiffs, not the whole state.
Via Birmingham’s ABC affiliate reports:
The Alabama Probate Judges Association says Friday’s ruling does not open the door for the issuance of same-sex marriage licenses.
Cari Searcy and Kim McKeand are the only plaintiffs in the case that was filed against Alabama Attorney General Luther Strange. The Alabama Probate Judges Association says that is a key point in the effect that this ruling has on the duties of probate judges.
“Judge Granade’s ruling in this case only applies to the parties in the case and has no effect on anybody that is not a named party. The probate judges were not parties in this matter,” Al Agricola, attorney for the Alabama Probate Judges Association, explained. “The legal effect of this decision is to allow one person in one same-sex marriage that was performed in another state to adopt their partner’s child. There is nothing in the judge’s order that requires probate judges in Alabama to issue marriage licenses to same sex couples.”
Folks tried this tactic in Florida last month and the judge there came back with a stinging clarification.
The judgment enforcing the court’s decision is actually quite clear. The ban is unconstitutional and the Attorney General is ordered to not enforce those laws. Read the judgement below:
“ALA. CONST. ART. I, § 36.03 (2006) and ALA. CODE 1975 § 30-1-19 are hereby DECLARED to be unconstitutional because they violate they Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. The defendant Luther Strange, in his capacity as Attorney General for the State of Alabama, is hereby ENJOINED from enforcing those laws.”
Here’s the local news report from WBMA: