ALABAMA: Three Counties Relent

It's possible that these counties are reacting to a statement made last night by the governor.

Gov. Robert Bentley, a Republican and a Southern Baptist, said he believes strongly that marriage is between one man and one woman, but that the issue should be "worked out through the proper legal channels" and not through defiance of the law. The governor noted that Alabama is about to be in the spotlight again with the 50th anniversary of the Voting Rights Act of 1965, which was passed after civil rights marchers were attacked and beaten in Selma, Alabama — events chronicled in the Oscar-nominated movie "Selma." "I don't want Alabama to be seen as it was 50 years ago when a federal law was defied. I'm not going to do that," Bentley said in an exclusive interview with The Associated Press.

The three counties have a combined population of 280,000. That still leaves more than 50 counties who are not serving gay couples.

ALABAMA: Plaintiffs Sue Everybody

For violating their 14th Amendment rights. Sanctions demanded. BOOM.

ALABAMA: Governor Refuses To Take Any Action Against County Probate Judges

"I am disappointed that a single Federal court judge disregarded the vote of the Alabama people to define marriage as between a man and woman. I agree with the dissenting opinion from U.S. Supreme Court Justices Clarence Thomas and Antonin Scalia when they stated, ‘Today’s decision represents yet another example of this Court’s cavalier attitude toward the States. Over the past few months, the Court has repeatedly denied stays of lower court judgments enjoining the enforcement of state laws on questionable constitutional grounds.’ This issue has created confusion with conflicting direction for Probate Judges in Alabama. Probate Judges have a unique responsibility in our state, and I support them. I will not take any action against Probate Judges, which would only serve to further complicate this issue. We will follow the rule of law in Alabama, and allow the issue of same sex marriage to be worked out through the proper legal channels." - Alabama Gov. Robert Bentley, via press release.

ALABAMA: Governor Tells SCOTUS That Gay Marriages Will "Invite Chaos"

Last night Alabama Gov. Robert Bentley filed a SCOTUS brief in support of Attorney General Luther Strange's demand for a stay extension pending their June ruling. According to Bentley, allowing marriages to commence next week would "invite chaos" should SCOTUS ultimately rule against same-sex marriage. Read the brief at Equality Case Files. Also last night, the winning plaintiffs in Alabama's two marriage equality cases filed SCOTUS briefs against extending the stay. Their briefs are here and here. The stay on Alabama marriage is due to expire on Monday.

Alabama Governor Has The Marriage Sadz

"I am disappointed by the 11th Circuit’s decision today. The issue of same sex marriage is a complicated one that involves all levels of government. My request to the 11th Circuit was simply to ask that the stay be held until the Supreme Court can rule once and for all this year or pending the fully briefed 11th Circuit appeal of the issue. I support the Attorney General’s decision to ask the U.S. Supreme Court for a stay of the 11 Circuit’s decision." - Alabama Gov. Robert Bentley, via press release. BONUS: Today is his birthday.

ALABAMA: Newspaper Evokes George Wallace With Same-Sex Marriage Cartoon

From the Birmingham News: "In the fight against gay marriage, Gov. Bentley, Attorney General Luther Strange and Chief Justice Roy Moore are a farce to be reckoned with. Alabama's most powerful, brave and cuddly men are representing Alabama's best interests and fears by making a three-way stand in the courthouse door on an equal rights issue. What could go wrong?"

ALABAMA: Attorney General Files Response Brief, Says He Doesn't Even Issue Marriage Licenses In The First Place

From today's response brief submitted by Alabama Attorney General Luther Strange:

As we explained in the motion to stay, the trial court’s judgment is due to be reversed because: (1) it did not follow binding Supreme Court precedent; (2) it defined the fundamental right to marry as the right to marry anyone of any sex, even though that formulation of the right to marry is not deeply rooted in our history or tradition; and (3) it did not even mention our expert’s testimony that recognizing opposite-sex marriage promotes the state’s interest in linking children to their biological parents—an interest that is not promoted by recognizing same-sex marriages because one or more of the child’s biological parents are necessarily not a party to the marriage.

The plaintiffs have not responded to this showing. They have, notably, not defended the District Court’s reasoning about the supposedly fundamental right of same-sex marriage, which caused the District Court to apply strict scrutiny. Nor have they proposed any other rationale that would justify the District Court’s decision. The plaintiffs in the related Strawser case, Appeal No. 15-10313-A, discuss the merits at more length, and we address those arguments in our reply there. But the main problem for both groups of plaintiffs is the same. They have not answered this question: if marriage is not a union of one man and one woman, then what is it?

These problems of inconsistency and confusion are especially salient in this case. First, the Attorney General is the only defendant to this lawsuit, and he (of course) has no role in the issuance of marriage licenses, adoptions, etc. So it is unclear, as a formal matter, what the district court’s injunction requires of his office or anyone else involved in state or local government. Second, there are other same-sex marriage cases pending in Alabama’s other district courts, including one in which summary judgment has been briefed and pending for several months. Those district court judges are, obviously, not bound by the district court’s judgment in this case and could add to the confusion by issuing contrary decisions at any moment. The plaintiffs cannot whistle past these problems as if they do not exist.

Read the full brief at Equality Case Files. Pending a decision by the Eleventh Circuit, marriages would commence next Monday morning.

ALABAMA: Governor's Brief Declares That Same-Sex Marriage "Demeans" Democracy

Alabama Gov. Robert Bentley today filed an amicus brief with the Eleventh Circuit Court in support of Attorney General Luther Strange's petition for a stay on same-sex marriage until SCOTUS makes its ruling. Bentley's brief declares that it is "demeaning" to democracy to allow same-sex marriages to occur. Via Equality Case Files:

On a complicated and controversial issue such as this, with no clear warrant inthe Constitution for imposing one State’s conception of marriage on another, the judiciary has a duty not to do so. As the Supreme Court stated last term, the people of the sovereign States have a “fundamental right” that is “held in common,” the right“to speak and debate and learn and then, as a matter of political will, to act through a lawful electoral process.” Schuette v. Coal. to Defend Affirmative Action, 134 S.Ct.1623, 1637 (2014). And “[t]hat process is impeded, not advanced, by court decrees based on the proposition that the public cannot have the requisite repose to discuss certain issues. It is demeaning to the democratic process to presume that the voters are not capable of deciding an issue of this sensitivity on decent and rational grounds.”

The brief was filed by Al Algricola, the same lawyer who represents Alabama's association of probate judges.

BREAKING: Federal Judge Issues 14-Day Stay On Alabama Same-Sex Marriage

From the order:

The Attorney General argues that a stay will serve the public interest by avoiding the confusion and inconsistency that will result from an on-again, off-again enforcement of marriage laws. The court finds that the state’s interesting in refusing recognize the plaintiff’s same-sex marriage or in allowing same-sex marriage is insufficient to override the plaintiffs’ interest in vindicating their constitutional rights. The public interest does not call for a different result. In its discretion, however, the court recognizes the value of allowing the Eleventh Circuit an opportunity to determine whether a stay is appropriate. Accordingly, although no indefinite stay issues today, the court will allow the Attorney General time to present his arguments to the Eleventh Circuit so that the appeals court can decide whether to dissolve or continue the stay pending appeal (assuming there will be an appeal.) The preliminary injunction will be stayed for 14 days.

Surprising and very disappointing.

Alabama Governor Has The Sadz

Bentley is a deacon at his Baptist church, sits on the advisory board of Youth For Christ, and has won awards from the Christian Coalition.