Paul Hard of Alabama applies for death certificate for his late husband
Amid all the joy and happiness happening today in Alabama, a more subdued moment occurred when Paul Hard, whose husband David Fancher had died, filed for a new death certificate recognizing his marriage.
Fancher was killed in a car accident in 2011. At the time, upon arriving at the hospital armed with power of attorney, living will and their marriage certificate, he was told that the hospital wanted to speak to his “real” family.
Ultimately, his evil mother-in-law went to court to try and cut Hard out of the proceeds of a wrongful death lawsuit, saying the marriage was not recognized by the state – and she wanted to keep it that way. (State law only allows for legal family members to receive such funds).
Thanks to Judge Granade’s ruling on same-sex marriage, Hard was able to receive a new death certificate today acknowledging his marriage.
While a handful Alabama probate judge’s choose to defy a court order from a federal judge, the majority of probate judges are following the law today as marriage equality begins in the state.
Probate Judge Steven Blair of Coffee County released a statement that said he would respect the ruling issued in January by U.S. District Judge Callie Granade.
“While I have the greatest respect for Chief Justice Roy Moore’s opinions and beliefs, the question of federal pre-emption of state law is long settled,” Blair wrote. “See, Gibbons v. Ogden, 22 U.S. 1 (1824). In recognition of my oath as a judge, I am sworn to follow the order of the federal courts with respect to same sex marriages.”
The U.S. Supreme Court has denied a request by the state of Alabama to extend a stay on the ruling by a federal judge which struck down the state’s ban on same-sex marriage.
Take that, Roy Moore.
Forward!
UPDATE – Luther Strange, Attorney General for Alabama issued this statement:
“I regret the Supreme Court’s decision not to stay the federal district court’s ruling until the high court finally settles the issue this summer. In the absence of a stay, there will likely be more confusion in the coming months leading up to the Supreme Court’s anticipated ruling on the legality of same-sex marriage. With the lifting of the 14-day stay on February 9, 2015, the U.S. District Court order remains in effect, enjoining me from enforcing Alabama’s laws against same-sex marriage in my official capacity as Attorney General. To clarify my authority in this matter, the Alabama Attorney General’s Office does not issue marriage licenses, perform marriage ceremonies, or issue adoption certificates. The Chief Justice has explained in a public memorandum that probate judges do not report to me. I advise probate judges to talk to their attorneys and associations about how to respond to the ruling. Furthermore, I encourage any state agencies with questions about the ruling in Searcy and Strawser to contact the Governor’s Office.”
You’ll note the only “confusion” here is Strange’s advisement to look to the Governor’s office or to Chief Justice Roy Moore for advice on the ruling. Strange knows full well what the ruling means and that marriage equality has come to Alabama.
The only folks “confused” in Alabama are the haters.
Chief Justice of the Alabama Supreme Court Roy Moore
Citing his power as Administrative Head of the Alabama Judicial System, chief Justice Roy Moore (of the Alabama Supreme Court) issued his own “order” to probate judges late Sunday night purporting to bar any issuance of marriage licenses to any same-sex couples.
A recent ruling by U.S. Federal District Judge Granade (a Bush appointee) found the state’s law against same-sex marriage “unconstitutional because they violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.” Although the ruling was stayed, that stay expires tomorrow, February 9th.
The state Attorney General requested an extended stay on the ruling from Judge Granade, who denied the request. AG Luther Strange then went to the 11th Circuit Court of Appeals with the same request, and received the same denial. The state then went to SCOTUS, who has remained silent on the request. With no action by SCOTUS, the ruling becomes effective tomorrow.
Judge Roy Moore has spent the past few weeks publicly fuming about the ruling, and has tried to delay or deny the legality of Judge Granade’s ruling.
Tonight, he threw his “Hail Mary.”
Moore wrote on Sunday night: “Effective immediately, no Probate Judge of the State of Alabama nor any agent or employee of any Alabama Probate Judge shall issue or recognize a marriage license that is inconsistent with Article 1, Section 36.03, of the Alabama Constitution or § 30-1-19, Ala. Code 1975.”
At this writing, at least five probate judges have said they will not honor the ruling. Two judges said they won’t issue licenses to same-sex couples, one said they wouldn’t sign a license for a same-sex couple, and two have gone so far as to cancel issuing ANY marriage licenses to any couples to avoid the appearance of discrimination.
Legal analysts were skeptical of Moore’s authority to issue such an “order.”
Susan Watson, executive director of the American Civil Liberties Union, told The Associated Press she doubted probate judges would defy a federal judge on Moore’s behalf. She accused the chief justice of grandstanding.
Randall Marshall, attorney for ACLU of Alabama, called the order “a last minute gasp.”
“I am not aware of anything that gives him the authority to tell probate judges what to do … If he had that authority he would have claimed it much earlier than now,” Marshall said.
“This is a pathetic, last-ditch attempt at judicial fiat by an Alabama Supreme Court justice–a man who should respect the rule of law rather than advance his personal beliefs,” said Human Rights Campaign Legal Director Sarah Warbelow.
“Absent further action by the U.S. Supreme Court, the federal ruling striking down Alabama’s marriage ban ought to be fully enforced, and couples that have been waiting decades to access equal marriage under the law should not have to wait a single day longer. All probate judges should issue licenses tomorrow morning, and Chief Justice Roy Moore ought to be sanctioned.”
Richard Cohen, president of the Southern Poverty Law Center, said:
“The Court of Appeals and, so far, the Supreme Court of the United States has seen fit not to continue the stay. But, instead of respecting these rulings, the Chief Justice has decided to create a crisis in our state but telling the probate judges to ignore the ruling of the district court and threatening them with unspecified gubernatorial action. It’s outrageous. We urge the probate judges to follow the Constitution of the United States and issue marriage licenses when their offices open in the morning.”
Other legal experts agree that the chief justice of the state Supreme Court does not have the authority under state law to issue such orders to probate court judges.
It should be noted that Judge Moore has been removed from office before. Over a decade ago, he installed a monument of the ten commandments in the state court house which was in violation of the separation of church and state. The issue resulted in his removal from office completely. He regained his seat in 2012.
And should you wonder if the state of Alabama can ignore federal law, I point you to the Civil War. And the Civil Rights Movement.
It’s about to get “deep” in ‘Bama, kids. Stay tuned.
The editorial board of AL.com urges “civility and respect to all” as marriage equality comes to Alabama tomorrow:
History is often not kind to the state of Alabama when it judges our performance on the national stage. On Monday, we all have the chance to get one right.
The history of Feb. 9, 2015, in Alabama has yet to be written, but this we know: on this day, same-sex marriage becomes legal in Alabama.
Same-sex couples, no doubt, will arrive at courthouses statewide to apply for marriage licenses. It will be a day of celebration for some, a disappointing, even fearful day for others.
We have said, clearly, that we believe equality to be among the unalienable rights afforded all Americans by our Constitution. Such rights are inviolate and not subject to contrary law in state government.
That Alabama’s legal framework denied marriage to gay citizens denies their equality, and that could not stand.
[snip]
Monday will also be a day to show patience. This process is new for all involved and employees in counties throughout the state are being asked to do things they’ve not done before. There will be bumps in the road and mistakes will be made. How we handle those mistakes will be what ultimately ensures fairness for all.
It is unreasonable to ask people to turn their back on deeply-held beliefs regarding marriage. This does not give us an excuse, however, to abandon other deeply-held convictions regarding how we treat our neighbors.
With a Monday deadline looming, some probate judges in Alabama say they won’t issue marriage licenses to same-sex couples when a stay expires on a federal district judge’s ruling striking down the state’s marriage ban.
Of the 26 probate judges MSNBC was able to contact Friday, 18 said they were planning on issuing marriage licenses to same-sex couples next week.
But Liberty Counsel, an anti-marriage equality litigation and policy organization, said it was already representing five Alabama judges who would not be issuing marriage licenses to same-sex couples on Monday, and that more judges could soon be seeking the group’s representation.
So far, the U.S. Supreme Court has ignored the request to extend the stay on Judge Granade’s ruling which overturned the state’s ban on same-sex marriage.
Assuming the U.S. Supreme Court doesn’t issue a stay over the weekend, same-sex couples can begin applying for marriage licenses Monday morning.
One probate judge, Pike County’s Judge Wes Allen has already announced that he will cease issuing marriage licenses completely to avoid providing them to same-sex couples, which he says would violate his religious beliefs:
“The people of Pike County elected me to perform my duties and they also elected me because of who I am and the values I live by,” Allen said.
“I am choosing to take the Pike County Probate Office out of the marriage licensing business altogether. That is completely within my rights under the laws of Alabama.”
Allen cited state law, specifically Alabama Code Section 30-1-9, which states “Marriage licenses may be issued by the judges of probate of the several counties.”
Allen said the word “may” in the statue shows that Alabama law does not mandate that he issue marriage licenses.
“The word ‘may’ implies that I have a choice,” Allen said. “At this time, I am exercising my right to choose not to issue any marriage licenses to anyone.”
Probate Judge Valerie Davis of Clarke County has taken the same position, saying, “I do not think I am required to compromise my religious beliefs to be Probate Judge.”
Via JoeMyGod, check out the “huge” turnout for the Foundation For Moral Law’s hate rally this morning on the steps of the Alabama State Capitol.
Not thousands. Not even a hundred.
To be honest, this is probably a very representational photo of the opposition to same-sex marriage in the US. You basically have a tiny, fringe minority of haters, like these folks, who make the noise.
This really is about as hideous as a mother can get.
Pat Fancher want a federal court to rule NOW on the current lawsuit pitting her against her son-in-law. She is attempting to cut her son-in-law out of her dead son’s estate (including wrongful death suit funds) even though the couple were legally married in Massachusetts.
Come Monday, if not action by SCOTUS, son-in-law Paul Hard may be able to petition to have his dead husband’s death certificate amended to reflect their legal status at the time Fancher’s son passed away.
This is really gross. See the filing below from the evil, money-grubbing mother.
The Human Rights Campaign has launched a petition urging the Judicial Inquiry Commission to take action against Alabama state Supreme Court Justice Roy Moore for unethical statements he has made recently regarding ignoring federal rulings on the issue of same-sex marriage:
Justice Moore has offered that the United States Constitution does not give the federal government the authority to regulate or define marriage.
In the past, he has expressed his opinion that the state should have the power to punish homosexual behavior and has even authored a court opinion stating a parent’s sexual orientation should be grounds for a parent losing custody over their own children.
It is time for his invidious actions against lesbian, gay, bisexual and transgender (LGBT) people to stop.
HRC refuses to remain silent when a figure who was appointed to implement the law accordingly and follow the rules decides to abuse their power.
Please sign our petition below urging the Judicial Inquiry Commission to take action against Alabama State Supreme Court Chief Justice Roy S. Moore: he has acted unethically and overstepped his authority to the detriment of the people of Alabama — both straight and LGBT.
As the state of Alabama (and more) awaits a decision by SCOTUS whether or not to extend a stay on the ruling which struck down the state’s same-sex marriage ban, the Alabama Department of Health is prepping for marriage equality to begin on February 9th.
The department today will send new marriage forms to probate judges in 67 counties. Instead of listing “bride” and “groom,” the new forms include “first listed spouse” and “second listed spouse.”
Catherine Donald, the state registrar and director of the Center for Health Statistics, said there are a few other minor changes that have made the marriage certificate slightly longer. For instance, it now asks for the gender of each spouse, which will allow the state to track how many marriage licenses are issued to gay couples.
