In what is a growing movement of state interposition against federal judicial tyranny, the Alabama Supreme Court Chief Justice Roy Moore today issued an order directing probate judges not to issue marriage licenses to homosexuals. The order states:
IT IS ORDERED AND DIRECTED THAT:
Until further decision by the Alabama Supreme Court, the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect.
In the three pages leading up to the order, Justice Moore points to a recent ruling by the United States Court of Appeals for the Eighth Circuit in Nebraska which ruled that Obergefell did not directly invalidate the marriage laws of states under its jurisdiction. The Eighth Circuit rejected the Nebraska defendants’ suggestion that Obergefell mooted the case.