MONTGOMERY, Ala. — The Alabama Supreme Court issued a writ of mandamus ordering the state’s county probate judges to stop issuing gay marriage licenses Tuesday evening.
The 148-page ruling will allow 5 days for probate judges to submit arguments for why they should be allowed to issue marriage licenses to same-sex couples.
The writ of mandamus was requested by the Alabama Policy Institute (API). According to API 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.
“As it has done for approximately two centuries, Alabama law allows for ‘marriage’ between only one man and one woman,” the order said. “Alabama probate judges have a ministerial duty not to issue any marriage license contrary to this law. Nothing in the United States Constitution alters or overrides this duty.”
Vocal gay marriage opponent Alabama Supreme Court Chief Justice Roy Moore appears to have recused himself from the case, as he is not listed as a concurring or dissenting judge on the order.
The order also gives Mobile County probate judge Don Davis until Thursday to argue why he should not be bound by the order. Davis had previously asked to be excluded from the lawsuit because he had been specifically been ordered to issue marriage licenses to same-sex couples by Mobile federal district judge Callie Granade.
The Alabama Policy Institute issued a statement Tuesday night celebrating the order.
“Today, the Alabama Supreme Court granted our request for a writ of mandamus directing Alabama’s probate judges not to issue same-sex marriage licenses in violation of Alabama’s Constitution,” API said. “The ongoing confusion caused by the federal court’s action in January needed to be clarified in a formal opinion by the State’s highest court and the Alabama Policy Institute was well-suited to pursue such a remedy. This decision by the Alabama Supreme Court finally, in the words of Justice Scalia, gives the people of Alabama the respect that they deserve by preserving our law until the U.S. Supreme Court resolves the issue. The sanctity of marriage—an institute that has always been reserved for the states—is a cause worth fighting for, for as long as the States still have their rightful say in the matter.”
This story is breaking and will be updated as more details emerge
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— Elizabeth BeShears (@LizEBeesh) January 21, 2015
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