A battle between Alabama and the federal judiciary just turned another page, when a federal judge on Thursday ordered a state official to issue marriage licenses to same-sex couples.
“U.S. District Court Judge Callie Granade’s order sought to clarify that Mobile County Probate Court Judge Don Davis should follow her directive, and not a contravening order from Alabama Supreme Court Justice Roy Moore that has led to many state judges to refrain from issuing marriage licenses to gay couples. ”
As NPR’s Debbie Elliott reported this morning, Moore’s order threw Alabama into a state of confusion. Some counties heeded a federal court decision that found the state’s ban on gay marriage unconstitutional, while orders have listened to Moore’s order, which told them they didn’t have to abide by the federal court’s decision.
“This power to define marriage is not given to the federal government,” Moore told Debbie. “It is reserved to the states and to the people, and it is simply an abuse of power to go into the Constitution and redefine a word which is not even in there.”