Alabama judge: US Supreme Court €” not states €” should issue gay marriage licences

A probate judge in Alabama is asking the state Supreme Court to issue an order that will recognise same-sex marriage licences but will bar its issuance in the state.

In a filing dated Oct. 5, Probate Judge John Enslen of Elmore County "requests this Supreme Court of the State of Alabama to issue a declaratory judgment, order, and decree holding that the State of Alabama will honor and recognize same-sex marriage licenses . . . but further holding that the State of Alabama will not issue state same-sex marriage licenses or recognize purported state same-sex marriage licenses that have been issued in contradiction to the current Constitution of the State of Alabama or the current state law of any other sister state."

Probate judges are the only ones authorized to issue marriage licences in Alabama, according to WND.

A case is pending with the Alabama Supreme Court on how the state should implement the US Supreme Court's ruling in June which legalised same-sex marriage nationwide.

Enslen said the federal government should be the one to issue same-sex marriage licences.

"A search of the Code of Federal Regulations reveals that there are 19,169 sections that contain the word 'license,' 'certification,' ' permit' or a combination thereof," he said in his petition. "Federal agencies, boards and commissions have been established by the federal government to regulate the exclusive issuance and administration of a multitude of federal licenses."

He added, "The federal government and its many agencies are accustomed to issuing and administering licenses that have for their creative basis a grant of authority that is grounded in the federal constitution or a judicial interpretation thereof."

"The Obergefell ruling gave birth to a new, federally created, US Constitution-based, civil right to same-sex marriage or, as some have referred to it, sodomy-based marriage. But the recognition of a new, federal civil right is an entirely different matter from the federal government's authority to compel the state of Alabama, or any other state, to issue that particular type of federal-based marriage license," he said.

Enslen said "the new same-sex marriage license is a child of the federal government, not the State of Alabama."

Legal scholars from Washington & Lee, Boston College, Kansas State, Notre Dame, University of Texas, Villanova, Vanderbilt, Hillsdale, University of Nebraska, Catholic University and Regent University earlier said state and federal officials should treat the Supreme Court ruling as "anti-constitutional and illegitimate."

related articles
Alabama\'s only gay legislator threatens to reveal her peers\' marital infidelity
Alabama's only gay legislator threatens to reveal her peers' marital infidelity

An Alabama congresswoman is threatening to reveal other legislators' extramarital affairs to lampoon their alleged commitments to "family values."

Oklahoma clergy opposed to gay marriage won\'t be sued, say legislators
Oklahoma clergy opposed to gay marriage won't be sued, say legislators

A bill approved in the state House of Representatives would protect them from prosecution if they refuse to preside over a same-sex wedding.

\'Duck Dynasty\' star backs up Alabama Supreme Court chief justice
'Duck Dynasty' star backs up Alabama Supreme Court chief justice

The star of popular reality TV show Duck Dynasty has voiced support for Chief Justice Roy Moore of the State of Alabama.

Alabama Supreme Court halts gay marriages
Alabama Supreme Court halts gay marriages

Same-sex marriages in Alabama have been halted after the state's Supreme Court ordered probate judges to stop issuing marriage licenses to gay couples on Tuesday

Same-sex marriage will eventually destroy America, warns Alabama chief justice
Same-sex marriage will eventually destroy America, warns Alabama chief justice

The Alabama Supreme Court chief justice lashed out at same-sex marriage, saying it will end up destroying the United States as a nation.

US constitutional ban on same-sex  marriages pushed to protect families
US constitutional ban on same-sex marriages pushed to protect families

To protect the family as an institution in the United States, the chief justice of the state of Alabama vowed to push for a constitutional ban to same-sex marriages, which have been legalized across the country by the Supreme Court.

Alabama responds to Supreme Court ruling by freezing marriage licenses
Alabama responds to Supreme Court ruling by freezing marriage licenses

In what seemed to be an act of defiance, at least three counties in the state of Alabama have stopped issuing marriage licenses to anybody after the United States Supreme Court decided to legalise same-sex unions across the country.

Alabama set to replace marriage licence with civil contract for same-sex union
Alabama set to replace marriage licence with civil contract for same-sex union

A bill is likely to be passed by the Alabama legislature that will abolish marriage licenses and replace it with civil contract in response to the US Supreme Court ruling last June that legalized gay marriage in the country.

News
Faith in difficult times: lessons from 1930s Britain
Faith in difficult times: lessons from 1930s Britain

Architectural historian Steven Brindle talks to Christian Today about the faith that shaped 1930s Britain, the churches that supported struggling communities and what lessons the decade might have for us today.

Campaign aims to mobilise 500,000 Christians for Christmas outreach
Campaign aims to mobilise 500,000 Christians for Christmas outreach

Shine Your Light is aiming to mobilise half a million Christians to share the gospel with five million people across the UK this Christmas, with more than 2,000 churches already signed up, organisers say.

The Church of England should repent for previous calls to ban 'conversion therapy'
The Church of England should repent for previous calls to ban 'conversion therapy'

The Church of England's uneasiness about the government's ‘conversion practices’ bill is a perfect lesson in the old adage, 'be careful what you wish for,' writes Dr Martin Davie.

Leaked Home Office report links 'Christian extremism' to traditionalist beliefs and immigration concerns
Leaked Home Office report links 'Christian extremism' to traditionalist beliefs and immigration concerns

An internal Home Office report lists concerns about immigration, multiculturalism and changing social values among the characteristics associated with what it calls "Christian extremism", it has been reported.