Alabama Supreme Court to consider whether probate judges should cease issuing gay marriage licenses

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February 13, 2015

MONTGOMERY — In a relatively rare move, the Alabama Supreme Court has issued a writ of mandamus requested by the Alabama Policy Institute allowing the opportunity for the court to officially rule on whether or not Alabama’s probate judges are violating the Alabama constitution by issuing marriage licenses to same-sex couples.

A writ of mandamus is an “order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.”

According to Alabama Policy Institute lawyer Eric Johnston, the writ essentially provides an opportunity to argue before the Alabama Supreme Court that probate judges must abide by the Alabama Constitution’s Sanctity of Marriage amendment.

It was previously questioned whether or not Alabama Supreme Court Chief Justice Roy Moore had the authority to compel probate judges stop issuing marriage licenses to same-sex couples.

If the Alabama Supreme Court rules that probate judges must abide by the Sanctity of Marriage amendment, the only court that can overturn their ruling is the US Supreme Court. The same-sex marriages performed in the state during the last week would remain in limbo until the US Supreme Court rules this summer.

“That’s one of the disappointing things is [judge Granade’s] ruling is putting all these people in the position of thinking they’re married, and what if some of them die and want to inherit from each other… It just causes confusion and should not have been done,” Johnston told Yellowhammer Friday evening.

According to Alabama Policy Institute vice president Katherine Robertson, the Institute had standing to file the request for the writ because they are a public policy institute that has studied and analyzed the importance of traditional marriage on a family and the children involved.

Robertson told Yellowhammer Friday evening that several probate judges on both sides of the aisle approached the Alabama Policy Institute seeking clarification.

“Our main motivation in doing this was for the probate judges who were left in limbo and fearful of standing firm on the Alabama Constitution and their own consciences,” Robertson said.

“We are confident that our pursuit for the preservation of Alabama’s Sanctity of Marriage Amendment is one that a majority of Alabamians would have pursued had they had the standing to do so,” Robertson said. “Our conversations with judges and concerned elected officials affirmed to us that somebody needed to do something.”

This story is developing and will be updated.