Bentley: No action will be taken against Probate Judges who issue same sex marriage licenses

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February 9, 2015

MONTGOMERY, Ala. — Alabama Gov. Robert Bentley issued a statement Monday morning announcing that he will not take action against any probate judges who issue same sex marriage licenses, in spite of Alabama Supreme Court Chief Justice Roy Moore urging that he intervene, should any probate judges issue marriage licenses in defiance of his order.

On the eve of Alabama’s constitutional ban on same sex marriage coming to an end, Moore had issued an order to probate judges around the state instructing them not to issue marriage licenses to gay couples.

“Should any Probate Judge of this state fail to follow the Constitution and statutes of Alabama as stated,” Moore wrote, “it would be the responsibility of the Chief Executive Officer of the State of Alabama, Governor Robert Bentley… to ensure the execution of the law.”

In Bentley’s response, which can be read in full below, the governor said he is disappointed in the U.S. Supreme Court’s decision not to stay a lower court ruling that found Alabama’s ban on gay marriage unconstitutional. However, in spite of Moore’s order, Bentley said he will not take any action against probate judges who do issue licenses to same sex couples.

The issue of same sex marriage will be finally decided by the U.S. Supreme Court later this year. 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.