Tag: Alabama

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Alabama Marriage Equality – Status Update 2.11.15

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President Obama Looks To SCOTUS To End “Patchwork” Marriage Laws

Via Buzzfeed: President Obama Tuesday welcomed the Supreme Court’s signals that marriage equality is on the verge of becoming the law of the land, adding that he expected local Alabama officials resisting the shift to be swept aside by federal courts.

The Supreme Court Monday morning refused to put on hold a federal court ruling striking down Alabama’s ban on same-sex couples’ marriages while the ruling is appealed, with Justice Clarence Thomas making clear in a dissent that the court’s action would be seen as a sign the court will soon rule that the Constitution requires equal marriage rights for same-sex couples.

“My sense is that the Supreme Court is about to make a shift, one that I welcome, which is to recognize that — having hit a critical mass of states that have recognized same-sex marriage — it doesn’t make sense for us to now have this patchwork system,” Obama said in an interview with BuzzFeed News. “It’s time to recognize that under the equal protection clause of the United States [Constitution], same-sex couples should have the same rights as anybody else.”

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Post by BuzzFeed News.

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Ku Klux Klan Supports Judge Roy Moore’s Stand Against Marriage Equality

From the website of the United Dixie White Knights:

The Mississippi Klan salutes Alabama’s chief justice Roy Moore, for refusing to bow to the yoke of Federal tyranny. The Feds have no authority over individual States marriage laws. The fudgepackers from Hollywood and all major news networks are in shock that the good people from the heart of Dixie are resisting their Imperialist, Communist Homosexual agenda!

Alabama has a Constitutional amendment, that clearly says marriage is defined as being between a man and a woman. But much as they have since the 2nd war for independence was lost in 1865, the Federal Government by way of it’s foreign masters seems set to push this abomination, on the God fearing people of Alabama. Will they send Jack Booted thugs to enforce it? Remains to be seen, but a simple study of history will show they once burned, destroyed and looted the state of Alabama. Georgia was burned almost to the ground, and in our state, Meridian Mississippi was destroyed by blue bellied sledgehammers in one day.

We call upon all Klansman and White Southern Nationalist to help in the massive protest’s coming, Not by wearing your colors, but by joining in with the Christian community’s protests that are surly coming against tyranical Federal judges. We have made the decision that we don’t want to distract attention away from the issue, as anytime the Klan rides, we are made the issue by the zionist controlled media. Members are encouraged to lend a hand, make signs, recruit etc., but leave any insignia, colors, shirts etc at the house. We want to infiltrate these protests and make sure they are kept running in military fashion and not bullied by the outside agitators.

Let today be the day, that the outside forces that have ruled this nation since the end of the War of Northern Aggression be given notice, “The God fearing White man will no longer stand for your immorality, your Illegal unjust judges and laws. Your attempts to turn us into a third world cesspool must be defeated. Unlike the 1950’s and 60’s we see you clearly for the enemy you are. Until we drive the spear of God and truth through your lying cold black hearts, the Klan will leave the light on for you.

Judge Moore must be thrilled! An endorsement to be proud of!

It’s getting more and more difficult to determine the difference between satire and real life.

(h/t JMG)

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Alabama Marriage Plaintiffs Get Thursday Hearing For Mobile County Judge

As reported last night, the plaintiffs in the Alabama marriage equality lawsuit have requested – and now received – a hearing with Judge Callie Granade to consider adding Probate Judge Don Davis to the lawsuit as a defendant. This would give Granade jurisdiction to order Davis via temporary injunction to comply with her ruling and issue the plaintiffs marriage licenses as requested.

See the brief here.

Via press release from the National Center for Lesbian Rights:

Moments ago, United States District Judge Callie V. S. Granade granted the request of four Mobile County same-sex couples to add Mobile County Probate Judge Don Davis as a defendant in a lawsuit in which Judge Granade previously struck down Alabama’s marriage equality ban as violating the federal Constitution. Judge Granade scheduled a hearing for this Thursday, February 12, 2015, at 1:00 PM CT in the U.S. Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, Alabama 36602.

Late Monday, four same-sex couples who were denied marriage licenses in Mobile earlier in the day filed an emergency motion asking Judge Granade to instruct Davis to begin issuing marriage licenses to same-sex couples as Judge Granade previously ordered.

The Alabama couples are James Strawser and John Humphrey, who previously obtained a ruling from Judge Granade declaring that Alabama’s exclusion of same-sex couples from marriage is unconstitutional, Meredith Miller and Anna Lisa Carmichael, Robert Povilat and Milton Persinger, and Kristy Simmons and Marshay Safford. The couples are represented by the National Center for Lesbian Rights (NCLR), Birmingham attorney Heather Fann, and the ACLU of Alabama.

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Alabama: Roy Moore Says He’s Blocking Gay Marriage Because Father/Daugher Marriage Is Next

Good Morning America covers the current state of same-sex marriage in Alabama.

In the segment, Alabama Chief Justice Roy Moore says he’s blocking same-sex marriage because father/daughter marriages are next.

Also, Moore mentions that the federal judge’s ruling doesn’t apply because “only he” has authority over the state’s probate judges and he wasn’t named in the lawsuit which resulted in the overturning of the same-sex marriage ban. Last night, the plaintiffs in the lawsuit filed new suit naming Moore, Gov. Bentley, the Attorney General, office clerks and just about everyone else possible.

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Status Of Alabama Counties Issuing Same-Sex Marriage Licenses

The Washington Post shares this update of the current status of counties in Alabama which are (or are not) issuing marriage licenses to same-sex couples.

Stay tuned as the situation in Alabama continues to be fluid. Last night in an interview with the AP, Gov. Robert Bentley seemed to be relenting a bit as he seems concerned about how this mess reflects on Alabama as a whole on the issue of civil rights:

The governor noted that Alabama is about to be in the spotlight again with the 50th anniversary of the Voting Rights Act of 1965, which was passed after civil rights marchers were attacked and beaten in Selma, Alabama — events chronicled in the Oscar-nominated movie “Selma.”

“I don’t want Alabama to be seen as it was 50 years ago when a federal law was defied. I’m not going to do that,” Bentley said in an exclusive interview with The Associated Press.

“I’m trying to move this state forward.”

In the past hour, the list grew by three as Limestone, Morgan and Elmore counties are now reportedly complying with Judge Granade’s ruling.

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Once Rebuffed, Alabama Marriage Plaintiffs File New Suit Against Mobile Probate Judge

The Plaintiffs in the Alabama marriage equality lawsuit have filed a new motion for not only an injunction demanding the Mobile Probate Judge Don Davis (and company) obey Judge Granade’s ruling regarding same-sex marriage, but ask for sanctions, too.

“Additionally, Plaintiffs respectfully request Sanctions against the Defendants, separately and severally, for their willful refusal to comply with this Court’s orders, and any and all further, additional, and/or different relief to which the Plaintiffs may be deemed entitled by this court.”

Earlier today, the Plaintiffs asked the Judge to hold Probate Judge Davis in contempt, but Judge Granade ruled that Davis was not a party to the lawsuit.

I guess now he (and everyone else in his office) is now.

See the motion below.

(Yes!)

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Alabama: Federal Judge Denies Contempt Order Against Mobile Probate Judge

U.S. District Judge Callie Granade has denied a request by marriage equality plaintiffs for an order of contempt against Alabama probate Judge Don Davis for refusing to issue marriage licenses to same-sex couples.

Probate Judge Don Davis is not a party in this case and the Order of January 23, 2015, did not directly order Davis to do anything. Judge Davis’s obligation to follow the Constitution does not arise from this court’s Order. The Clarification Order noted that actions against Judge Davis or others who fail to follow the Constitution could be initiated by persons who are harmed by their failure to follow the law. However, no such action is before the Court at this time.

See the full order below:

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Alabama Governor Will Not Take Action Against Probate Judges Defying Court Order

The Governor of Alabama, Robert Bentley, has issued this statement regarding today’s historic step forward for equality in the Cotton State:

“The issue of same sex marriage will be finally decided by the U.S. Supreme Court later this year,” Governor Robert Bentley said. “I have great respect for the legal process, and the protections that the law provides for our people. I am disappointed that a single Federal court judge disregarded the vote of the Alabama people to define marriage as between a man and woman.

“I agree with the dissenting opinion from U.S. Supreme Court Justices Clarence Thomas and Antonin Scalia when they stated, ‘Today’s decision represents yet another example of this Court’s cavalier attitude toward the States. Over the past few months, the Court has repeatedly denied stays of lower court judgments enjoining the enforcement of state laws on questionable constitutional grounds.’

“This issue has created confusion with conflicting direction for Probate Judges in Alabama. Probate Judges have a unique responsibility in our state, and I support them. I will not take any action against Probate Judges, which would only serve to further complicate this issue.

“We will follow the rule of law in Alabama, and allow the issue of same sex marriage to be worked out through the proper legal channels.”

It appears that Gov. Bentley does not understand 8th grade civics. Federal judges are empowered to rule on the constitutionality of laws. It’s what they do; it is what Judge Granade has done here.

It’s also important to note that “a single Federal court judge” was not the only force in action here. The 11th Circuit Court and the U.S. Supreme Court looked at the ruling and decided not to intervene.

Just because you WANT a different ruling or outcome doesn’t mean you’ll get it.

Equality won today, Governor.

You can be on the right or wrong side of history. Unlike human sexuality, that IS a choice to be made.

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Alabama Plaintiffs Ask Court To Hold Judge Don Davis In Contempt For Refusing License

Don Davis, probate judge for Mobile, Alabama, has refused to comply with a federal judge’s ruling on same-sex marriage.

The plaintiffs in that case – Cari Searcy & Kim McKeand – have now asked the courts to hold Davis in contempt, impose sanctions and any further legal remedies needed to address the defiance of law.

Looks like Judge Davis would like a visit from the National Guard or a US Marshal…

See the filing below: