Wednesday, October 07, 2015

'Gay Marriage' Stopped in Alabama by Judges

Probate judges in more than ten percent of Alabama counties have lawfully refused to issue same-sex marriage licenses by following a half-century-old state law that allows counties to opt out of all marriage licenses.  One Alabama probate judge says that the U.S. Supreme Court's June Gay Agenda ruling should put the federal government in the "gay marriage" business, not states like Alabama, where it's illegal.
"In other words, same-sex marriage licenses issued by Alabama or by other states in contradiction to their own state laws should not be honored. . . . As a probate judge, I am currently compelled, and I believe wrongfully, to issue federally-created same-sex marriage licenses or face an onerous federal civil rights action."
-- Judge John Enslen, Elmore County, Alabama
UPDATE 3/16/16: 'Gay Marriage' Battle NOT Over in Alabama, Other States

For background, read Alabama Supreme Court Says Ignore Federal Court — 'Gay Marriage'

UPDATE 10/9/15: Supreme Court's 'Gay Marriage' Ruling is Illegitimate, Scholars Say

Click headlines below to read previous articles:

North Carolina Law Allows Magistrates to Refuse 'Gay Marriage'

Gay American Courts Persecute Christian County Clerk Kim Davis

Homosexualist Oregon Persecutes Christian Judge

ACLU Sues Christians for Refusing 'Gay Marriage'

'Christian Rights' Lawsuit: Refused 'Gay Marriage'

Also read Alabama Supreme Court Says NO to Lesbian Adoption

-- From "Some Alabama Judges Not Issuing Any Marriage Licences" by Jay Reeves, Associated Press 10/3/15

The [1961] law, which records show passed unanimously, included this line: "Marriage licenses may be issued by the judges of probate of the several counties." Since the U.S. Supreme Court's June ruling, some same-sex marriage opponents have used that word "may" to avoid issuing marriage licenses. So far, no one has sued them.

Nick Williams, a Baptist minister who also serves as probate judge in Washington County, is among those who have left the marriage license business. He says issuing a license for a same-sex union would violate his Christian beliefs.

Judges in three adjoining counties stopped issuing licenses for similar reasons, creating a region in southwestern Alabama where marriage licenses aren't available for 78,000 people. . . .

To read the entire article above, CLICK HERE.

From "Alabama probate judge says federal government could issue same-sex marriage licenses" by Debra Cassens Weiss, ABA Journal 10/7/15

An Alabama probate judge is asking the state supreme court to refuse to recognize same-sex marriages unless the licenses were issued by the federal government or states with laws legalizing such marriages.

. . . He says many licenses are already issued by federal agencies, including the Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the Federal Communications Commission.

Another probate judge in Washington County, Nick Williams, has also asked the state supreme court to act. He maintains probate judges with religious objections should be allowed to refrain from issuing same-sex marriage licenses.

To read the entire article above, CLICK HERE.

From "Alabama probate judge: Let federal government issue same-sex marriage licenses" by Kent Faulk, The Birmingham News 10/6/15

The Elmore County probate judge [John Enslen], a strong critic of gay marriage, on Monday asked the Alabama Supreme Court to issue an order stating Alabama will no longer issue same-sex marriage licenses, despite the U.S. Supreme Court order in June legalizing gay marriage nationwide.

Enslen also asked that the Alabama justices issue an order declaring the state will only honor same-sex marriage licenses either issued by the federal government or a state that has a state law allowing gay marriage.

Enslen also states that since the federal government is the one imposing same-sex marriage on the states, it should be the one to enforce it. "Therefore, the recognition of same-sex marriage as a civil right under the United States Constitution vests the U.S. Congress with the authority and responsibility to enforce the right and to provide the appropriate licensing, the same as it exclusively does in many other areas of federal law," he wrote.

Both Enslen and Williams have stated they want the Alabama Supreme Court to issue an order declaring that its March 3 ruling – prior to the U.S. Supreme Court's order – that Alabama's ban on gay marriage was still in effect and probate judges were not to issue marriage licenses to same-sex couples.

To read the entire article above, CLICK HERE.

From "Other State Officials Say No to Same-Sex Marriage" by Arian Campo-Flores, Wall Street Journal 9/13/15

In North Carolina, all four magistrates in rural McDowell County have recused themselves from performing civil wedding ceremonies for any couples. The moves are allowed under a state law passed in June that allows certain public officials to avoid marriage duties if they have religious objections. So far, 32 magistrates across the state—about 5% of the total—have done so, according to the state Administrative Office of the Courts.

As a result of the void in McDowell County, magistrates from neighboring Rutherford County have been driving in to perform ceremonies three days a week, during reduced hours. Tonia Hampton, the McDowell County register of deeds, whose office issues marriage licenses, said the documents continue to be available during regular hours. “It’s business as usual for us,” she said.

While the new law prohibits registers of deeds, who are elected officials, from refusing to issue licenses, it allows their assistants and deputies to do so. Ms. Hampton wouldn’t say whether any staff members had recused themselves.

To read the entire article above, CLICK HERE.

From "Kim Davis isn't the only one refusing same-sex marriages" by USA Today Network 9/5/15

Despite the Supreme Court's 5-4 landmark ruling in the same-sex marriage case, many other local officials across the country are not giving up the fight.

In Granbury, Texas, a federal court in July compelled Hood County Clerk Katie Lang to issue a license to Granbury residents Joe Stapleton and Jim Cato; Texas law also requires clerks to record marriage licenses. By the time that case was settled, county taxpayers had to foot a $43,000 bill, according to the Dallas Morning News.

Lang still doesn't agree with same-sex marriage and says so on her website but is allowing deputies in her office to issue the licenses, something that [Kentucky County Clerk Kim] Davis objects to because the certificates bear her name as an elected official.

To read the entire article above, CLICK HERE.

Also read Religious Liberty is in the Homosexualists' Crosshairs

And read President Obama Invokes God: Gay Agenda Trumps Freedom of Religion