Tag: same-sex marriage

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!)

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:

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.

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:

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.”