The Alabama Supreme Court ordered probate judges on Tuesday to stop issuing marriage licenses to same-sex couples in apparent defiance of the U.S. Supreme Court, underscoring the depth of opposition to gay matrimony in the socially conservative state.
The 7-1 ruling comes roughly three weeks after U.S. District Judge Callie Granade's decision overturning Alabama's ban on gay marriage went into effect after the U.S. Supreme Court declined to put it on hold.
"As it has done for approximately two centuries, Alabama law allows for 'marriage' between only one man and one woman," Tuesday's state supreme court ruling 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."First, it was not in defiance of the U.S. Supreme Court because SCOTUS didn't issue a ruling--it simply refused to hear the case. Second, as I've argued before, the States have preeminence when it comes to family law matters, which this clearly is. Third, marriage between a man and woman deserves the special protection of the state because it is the relationship most fitted for producing well adjusted children--i.e., future tax payers.