Approximately two-thirds of Alabama counties are refusing to issue same-sex marriage licenses despite the U.S. Supreme Court confirming the end of the Federal stay on a ruling striking down the state’s constitutional ban on same-sex marriage. This refusal is largely based on the state strength of notorious Christian conservative Roy Moore, who is trying to block the Federal ruling:
[Alabama Supreme Court Chief Justice Roy Moore] told county judges that a federal judge’s decision striking down the state’s ban on same-sex marriage was not binding on state courts and had caused confusion in the state.
Probate Judge Al Booth in Autauga County said his office will take applications for same sex marriages but won’t issue licenses until he gets clarification.
“I have the man who runs this state’s court system telling me not to issue marriage licenses for same-sex couples,” Booth said. “I have the federal judiciary telling me I will issue marriage licenses to same-sex couples.
“I want to uphold my oath. But what law do I follow?” he said. “Which constitution do I uphold?”
Uh, here, allow me to help you with that question, your honor. The answer is the U.S. constitution. That’s which thing you uphold when it conflicts with literally any other constitution or law in the United States.
This is based on two very clear principles:
1) The Supremacy Clause of Article VI of the U.S. Constitution:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.
IT DIRECTLY SAYS HOW TO ANSWER THE QUESTION RIGHT THERE, YOUR HONOR. IN THE ORIGINAL TEXT.
Let me repeat it so it’s even clearer: “This Constitution […] shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.”
2) The U.S. Civil War:
We won it. You lost it. That ended the debate. State sovereignty isn’t equal to Federal sovereignty. The end. Be glad we’re magnanimous enough let you keep your weird Confederate motif on your state flag.