• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Towleroad Gay News

Gay Blog Towleroad: More than gay news | gay men

  • Politics
  • Health
  • Travel
  • Gay Pride
  • Music
  • Sports
  • Law/Justice
  • Celebrities
  • Men
  • Space
  • Science
  • Gay Iconography
  • Madonna
  • Books
  • Monkeypox
  • Film/TV

Alabama Probate Judges Who Turn Away Gay Couples Could Face Jail Time

John Wright February 8, 2015

6a00d8341c730253ef01b8d0ce11a5970c-800wi

Alabama probate judges who refuse to issue marriage licenses to same-sex couples beginning Monday — but continue to provide them to opposite-sex couples — could face fines and jail time, according to legal experts.

AL.com reports: 

"If the (federal) court issues an order and they refuse to comply with the order, then the court can find them in contempt of court, which could result in a fine or incarceration until they purge themselves of the contempt," former U.S. District Court Judge U.W. Clemon said. "I don't think that's likely to happen," he quickly added.

With Alabama set to become the nation's 37th marriage-equality state, several probate judges say they'll stop issuing marriage licenses altogether, decline to provide them to same-sex couples, refuse to sign them, or no longer perform marriages. 

MSNBC described the issue as a "constitutional crisis," which seems like a bit of an overstatement but apparently is what right-wing groups are hoping for. From AL.com: 

"It would be a significant clash of judicial power," said Mat Staver, Founder and Chairman of Liberty Counsel which represents five or six Alabama probate judges. … 

If a same-sex couple comes to an Alabama probate judge Monday and is denied a marriage license, then it would likely result in that couple filing a federal lawsuit against the probate judge, Clemon and others said. Or the couples could ask to intervene in the case in Mobile and seek an order from that judge.

"Given the current state of the law they could probably get an injunction," Clemon said.

The fact is, the probate judges who plan to resist marriage equality represent a small fraction of the total number in Alabama, and an even smaller fraction of the state's population — which is largely concentrated in cities like Birmingham, Montgomery and Mobile, where same-sex couples will be able to obtain marriage licenses.

Given that residents don't have to obtain marriage licenses in the county where the live, this will amount to a relatively minor inconvenience for a few same-sex couples in rural areas — but perhaps a major one for these judges' constituents in the long term:  

David Kennedy, an attorney for plaintiffs Cari Searcy and Kim McKeand in Mobile, said the law is ambiguous as to whether probate judges unilaterally can stop issuing licenses. But it is "incredibly foolish" either way, he said. "I think it's doing an incredible disservice to the residents of their county," he said.

With Roy Moore as the state's chief justice, it seems likely the legal wrangling will continue in Alabama for a while. But no matter how hard they try, these bigots will be unable to steal the spotlight from marrying same-sex couples on a historic day. 

In related Alabama news, a "Sanctity of Marriage" rally was held outside the state capitol yesterday. Watch footage of the rally and counter-rally AFTER THE JUMP…(warning: autoplay)

 

 

 

 

 

  

Topics: Uncategorized More Posts About: Alabama, Alabama, Birmingham, discrimination, gay marriage, gay rights, Roy Moore

Related Posts
  • Justice Department challenges Alabama law criminalizing gender-affirming care for trans youth
  • Former Roommate Indicted For Murder Of Florida LGBTQ Activist Jorge Diaz-Johnston, One of the Public Faces In State Fight For Marriage Equality
  • Alabama Sued In Federal Court By Families, Doctors After Anti-Trans Healthcare Bill Signed Into Law
  • Actor Kevin Spacey facing sexual assault charges in UK

    Actor Kevin Spacey facing sexual assault charges in UK

    Published by AFP The two-time Oscar winner was artistic director of the Old Vic London (AFP) – Hollywood actor Kevin Spacey is facing sexual assault charges in the UK, police and prosecutors said on Thursday, after …Read More »
  • Depeche Mode’s Andy Fletcher has died aged 60

    Depeche Mode’s Andy Fletcher has died aged 60

    Published by BANG Showbiz English Depeche Mode’s Andy Fletcher has died aged 60. The keyboardist and founding member – who was born in Nottingham and moved to Basildon in the 70s – of the 80s band …Read More »
  • TV board dismisses Senator’s request to allow parents to shield kids from LGBTQ characters; Cites 95% Parent Satisfaction With Ratings

    TV board dismisses Senator’s request to allow parents to shield kids from LGBTQ characters; Cites 95% Parent Satisfaction With Ratings

      Published by The Kansas City Star   The TV Parental Guidelines Monitoring Board dismissed a request from Sen. Roger Marshall, a Republican from Kansas, asking them to update their ratings system so parents could shield …Read More »
  • Apple unveils new Pride Apple Watch bands and watch face

    Apple unveils new Pride Apple Watch bands and watch face

    Published by BANG Showbiz English Apple has unveiled new Pride bands and a watch face for the Apple Watch to mark Pride Month. The tech giant is releasing a Pride Edition Sport Loop and the Pride …Read More »
Previous Post: « Ricky Martin on Life as a Single Dad and on ‘Inevitable’ Nationwide Marriage Equality
Next Post: WATCH: Seniors Offer Advice to Today’s Gay Youth »

Primary Sidebar

News

  • Don McLean, Larry Gatlin Pull Out Of NRA Convention Concert In Texas

    Don McLean, Larry Gatlin Pull Out Of NRA Convention Concert In Texas

  • Trump must testify in New York probe, appeals court rules

    Trump must testify in New York probe, appeals court rules

  • Guns are now the leading cause of death for American children

    Guns are now the leading cause of death for American children

  • The staggering toll of gun violence in the United States

    The staggering toll of gun violence in the United States

Break

  • Justin Timberlake has sold his song catalogue in a deal reportedly worth 100 million dollars

    Justin Timberlake has sold his song catalogue in a deal reportedly worth 100 million dollars

  • Dyson set to preview new robots to help with tasks at home

    Dyson set to preview new robots to help with tasks at home

  • Elvis fever set to shake Cannes

    Elvis fever set to shake Cannes

  • Battle Of The Billionaires! Elon Musk SLAMS Bill Gates After Article Claims Microsoft Mogul Is Funding Musk’s Critics

    Battle Of The Billionaires! Elon Musk SLAMS Bill Gates After Article Claims Microsoft Mogul Is Funding Musk’s Critics

RSS Partner Links

  • Saturday 'Stache
  • Cher’s sweet tribute to Gregg Allman: “He was kind”
  • Tom Prior Talks About a Silly Little Dream In 'Firebird' Clip (Exclusive) - Watch Now!
  • Duchess Meghan went to Uvalde, left flowers at the memorial & dropped off food
  • “Baz Luhrmann’s ‘Elvis’ got a 12-minute standing ovation in Cannes” links
  • 'Jurassic World: Dominion' Cast Pose With Giant Dinosaur During London Photo Call
  • Find Out Why Meg Ryan's Carol Bradshaw Missing From 'Top Gun: Maverick'
  • Night Crumbs
  • Lady Gaga's 'Top Gun' Song: Listen to 'Hold My Hand' & Read Lyrics Here!

Most Recent

  • ‘The Reckoning Is Going To Happen’: Kevin Spacey’s Brother Slams Actor Hours After Sexual Assault Charges

    ‘The Reckoning Is Going To Happen’: Kevin Spacey’s Brother Slams Actor Hours After Sexual Assault Charges

  • Actor Kevin Spacey facing sexual assault charges in UK

    Actor Kevin Spacey facing sexual assault charges in UK

  • Depeche Mode’s Andy Fletcher has died aged 60

    Depeche Mode’s Andy Fletcher has died aged 60

  • TV board dismisses Senator’s request to allow parents to shield kids from LGBTQ characters; Cites 95% Parent Satisfaction With Ratings

    TV board dismisses Senator’s request to allow parents to shield kids from LGBTQ characters; Cites 95% Parent Satisfaction With Ratings

  • Apple unveils new Pride Apple Watch bands and watch face

    Apple unveils new Pride Apple Watch bands and watch face

  • Lithuanian parliament agrees to consider same-sex partnership bill

    Lithuanian parliament agrees to consider same-sex partnership bill

  • German minister warns against homophobia amid monkeypox outbreak

    German minister warns against homophobia amid monkeypox outbreak

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Copyright © 2022 · Log in