Alabama Marriage Equality Plaintiffs Request Clarification From Judge

Yesterday, the Probate Judges Association of Alabama declared that Friday's same-sex marriage ruling only applies to the one couple who filed the suit. (In Alabama, probate judges - not county clerks - are tasked with issuing marriage licenses).

Today, the plaintiffs in the lawsuit that saw the marriage ban struck down have filed a motion asking the judge to clarify her ruling.

From the motion:

Clarification is necessary as the Probate Judges association in Alabama have assumed the position like George Wallace at the schoolhouse door staring defiantly upon this Court’s order reasoning that not all citizens of Alabama are entitled to the same rights and privileges afforded under the Constitution of the United States and that as Probate Judges “it is [their] duty to issue marriage licenses in accordance with Alabama law and that means [they] can not legally issue marriage licenses to same sex couples.” Alabama Probate Judges Association statement to the press on January 24, 2015.

It is respectfully submitted that this Court’s order declaring Ala. Const. Art. 1§ 36.03 (2006) and Ala. Code 1974 §30-1-19 unconstitutional for violation of the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment shall meet with immediate defiance and confusion without further clarification.

Read the full motion below:

1:14-cv-00208 #56 by Equality Case Files