Another one bites the dust
January 23, 2015 4:13 PM Subscribe
“If anything, Alabama’s prohibition of same-sex marriage detracts from its goal of promoting optimal environments for children,” U.S. District Court Judge Callie V. S. Granade wrote in a brief 10-page opinion, concluding, “[T]he court finds that Alabama’s marriage laws violate the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.”
!
posted by Going To Maine at 4:24 PM on January 23, 2015
posted by Going To Maine at 4:24 PM on January 23, 2015
(I kind of wanted to include previouslies but it just became too many links)
posted by feckless fecal fear mongering at 4:33 PM on January 23, 2015 [6 favorites]
posted by feckless fecal fear mongering at 4:33 PM on January 23, 2015 [6 favorites]
Good on Alabama! Any bets as to what will be the last state to legalize gay marriage (assuming there isn't some sort of federal measure to make gay marriage the rule nation-wide, that is)?
posted by orange swan at 4:33 PM on January 23, 2015 [1 favorite]
posted by orange swan at 4:33 PM on January 23, 2015 [1 favorite]
Huzzah!
posted by brundlefly at 4:39 PM on January 23, 2015 [1 favorite]
posted by brundlefly at 4:39 PM on January 23, 2015 [1 favorite]
I got $10 on South Dakota, amongst my facebook friends. (Someone already owes me for their Florida bet.)
posted by blnkfrnk at 4:40 PM on January 23, 2015 [1 favorite]
posted by blnkfrnk at 4:40 PM on January 23, 2015 [1 favorite]
As a Granade living in Alabama, let me give a hearty cheer to Judge Granade.
posted by sgranade at 4:47 PM on January 23, 2015 [7 favorites]
posted by sgranade at 4:47 PM on January 23, 2015 [7 favorites]
Also, Judge Granade finding against Attorney General Luther Strange makes this sound like something out of a comic book.
posted by sgranade at 4:48 PM on January 23, 2015 [23 favorites]
posted by sgranade at 4:48 PM on January 23, 2015 [23 favorites]
Can we have a party at number 50? Can we, can we can we? Oh, do say we can. Ice-cream and trifle and strong, strong liquor.
posted by Devonian at 4:53 PM on January 23, 2015 [4 favorites]
posted by Devonian at 4:53 PM on January 23, 2015 [4 favorites]
If the Supremes give us the right verdict, definitely a party! Extra ice cream for everyone.
posted by blnkfrnk at 4:57 PM on January 23, 2015
posted by blnkfrnk at 4:57 PM on January 23, 2015
Note that Judge Granade is the granddaughter of Judge Richard Rives, famous as a member of the "Fifth Circuit Four" who advanced civil rights in Alabama.
posted by mmiddle at 4:57 PM on January 23, 2015 [11 favorites]
posted by mmiddle at 4:57 PM on January 23, 2015 [11 favorites]
Sitting here in Georgia, this is the one that's making me cry happy tears. Because we can be next!
posted by hydropsyche at 5:00 PM on January 23, 2015 [3 favorites]
posted by hydropsyche at 5:00 PM on January 23, 2015 [3 favorites]
Roll Tide!
posted by RolandOfEld at 5:03 PM on January 23, 2015 [10 favorites]
posted by RolandOfEld at 5:03 PM on January 23, 2015 [10 favorites]
Holy crap, it actually happened. Even with the sea change in public opinion, a small part of me never really thought we'd see the day.
Granade issued an injunction to prevent Attorney General Luther Strange from enforcing the same-sex marriage ban in Alabama's state law and state constitution. Hernandez said the order means probate judges could issue marriage licenses to same-sex couples as early as Monday.
posted by Rhaomi at 5:05 PM on January 23, 2015
Granade issued an injunction to prevent Attorney General Luther Strange from enforcing the same-sex marriage ban in Alabama's state law and state constitution. Hernandez said the order means probate judges could issue marriage licenses to same-sex couples as early as Monday.
posted by Rhaomi at 5:05 PM on January 23, 2015
*looks out front window at downtown Birmingham skyline*
Don't worry, patriots. Civilization still seems intact.
posted by BitterOldPunk at 5:06 PM on January 23, 2015 [5 favorites]
Don't worry, patriots. Civilization still seems intact.
posted by BitterOldPunk at 5:06 PM on January 23, 2015 [5 favorites]
the granddaughter of Judge Richard Rives
Are you sure? Can't find a source to back this up, and her biography says she was born in Virginia. She is, however, the former clerk of Rives's successor on the bench, John Godbold. /derail
posted by dhartung at 5:12 PM on January 23, 2015
Are you sure? Can't find a source to back this up, and her biography says she was born in Virginia. She is, however, the former clerk of Rives's successor on the bench, John Godbold. /derail
posted by dhartung at 5:12 PM on January 23, 2015
I'm surprised this'll be allowed there, Birmingham being a totally Muslim city and all.
posted by delfin at 5:12 PM on January 23, 2015 [5 favorites]
posted by delfin at 5:12 PM on January 23, 2015 [5 favorites]
What?
posted by feckless fecal fear mongering at 5:14 PM on January 23, 2015
posted by feckless fecal fear mongering at 5:14 PM on January 23, 2015
Also, look at this map. LOOK AT IT. It's been easy to feel somewhat desensitized to the slow trickle of court rulings and election results over the past year or two, but marriage equality is quite close to being a nationwide reality already, Supreme Court or no. There are only eight states out of fifty that still have bans on the books (plus an additional three where the laws have been overturned but there's an indefinite stay on the ruling). Literally the entire western half of the US plus almost the entire Eastern Seaboard, along with a significant fraction of the Midwest, allow equal marriage right now.
posted by Rhaomi at 5:18 PM on January 23, 2015 [8 favorites]
posted by Rhaomi at 5:18 PM on January 23, 2015 [8 favorites]
@dhartung: yes, I'm sure. She was my college roommate (grins proudly).
posted by mmiddle at 5:22 PM on January 23, 2015 [9 favorites]
posted by mmiddle at 5:22 PM on January 23, 2015 [9 favorites]
I believe delfin is referencing a recent dustup where somebody was racist on fox news about Birmingham England.
posted by Uncle at 5:23 PM on January 23, 2015
posted by Uncle at 5:23 PM on January 23, 2015
Congratulations to everyone in Alabama, especially the brave plaintiffs.
posted by roomthreeseventeen at 5:27 PM on January 23, 2015 [1 favorite]
posted by roomthreeseventeen at 5:27 PM on January 23, 2015 [1 favorite]
Roll Tide!
That? No. This:
ROLL TIDE!
posted by Slap*Happy at 5:39 PM on January 23, 2015 [1 favorite]
That? No. This:
ROLL TIDE!
posted by Slap*Happy at 5:39 PM on January 23, 2015 [1 favorite]
C'mon, Louisiana. Get with the fucking program.
posted by brundlefly at 5:43 PM on January 23, 2015 [1 favorite]
posted by brundlefly at 5:43 PM on January 23, 2015 [1 favorite]
We'll try to stay serene and calm, when Alabama gets gay marriage.
No we won't. Let's celebrate!
posted by Anne Neville at 6:04 PM on January 23, 2015 [4 favorites]
No we won't. Let's celebrate!
posted by Anne Neville at 6:04 PM on January 23, 2015 [4 favorites]
> If the Supremes give us the right verdict, definitely a party! Extra ice cream for everyone.
My bet is the ruling will come just before Pride (last weekend in June).
posted by rtha at 6:10 PM on January 23, 2015 [2 favorites]
My bet is the ruling will come just before Pride (last weekend in June).
posted by rtha at 6:10 PM on January 23, 2015 [2 favorites]
I'm a Canadian, so quick question: How will this play out in 2016 elections? If the supreme courts legalizes it all this year, will people's hard stances against gay marriage actually hurt their electability, or will everyone just ignore that and move on?
ALSO: YAY ALABAMA!
posted by Theta States at 6:39 PM on January 23, 2015
ALSO: YAY ALABAMA!
posted by Theta States at 6:39 PM on January 23, 2015
If the supreme courts legalizes it all this year, will people's hard stances against gay marriage actually hurt their electability, or will everyone just ignore that and move on?
Most national candidates on the social conservative front already been "softening" their stance on this for a year or two, usually by contrasting their personal stance (belief in traditional marriage) with (to begin with) their belief in states rights. The strategy has been to not talk about it too much, and to kind of shrug and go "well, it's the law of [that] land," which can then change to "well, it's the law of the land, even if I don't agree with it."
On the one hand, it's irritating that they can just carry on as viable candidates despite being so incredibly on the wrong side of history, but I try to remind myself that the attitude they're taking ("shut up and leave people and families alone about what they do in the bedroom") IS the one I've been wishing for from conservative America.
posted by deludingmyself at 6:46 PM on January 23, 2015
Most national candidates on the social conservative front already been "softening" their stance on this for a year or two, usually by contrasting their personal stance (belief in traditional marriage) with (to begin with) their belief in states rights. The strategy has been to not talk about it too much, and to kind of shrug and go "well, it's the law of [that] land," which can then change to "well, it's the law of the land, even if I don't agree with it."
On the one hand, it's irritating that they can just carry on as viable candidates despite being so incredibly on the wrong side of history, but I try to remind myself that the attitude they're taking ("shut up and leave people and families alone about what they do in the bedroom") IS the one I've been wishing for from conservative America.
posted by deludingmyself at 6:46 PM on January 23, 2015
Theta States, nobody knows. Until we get some sort of Supreme Court ruling in June, it's impossible to predict. We could be in a position this summer (seven months before any primary) where all 50 states will have marriage equality, and the issue will essentially be dead. Or we could be in a position where some states have marriage equality, and others don't. Which would be a big mess.
posted by roomthreeseventeen at 6:48 PM on January 23, 2015
posted by roomthreeseventeen at 6:48 PM on January 23, 2015
On the other hand, Mike Huckabee seems to be running, and he's still out talking about ways to fight a SC decision. As long as you have one or two social hardliners in the running in the primaries, I could see it getting asked during the Republican debates even if we get a favorable SC decision and flip to the big 5-0.
posted by deludingmyself at 6:51 PM on January 23, 2015 [1 favorite]
posted by deludingmyself at 6:51 PM on January 23, 2015 [1 favorite]
Theta States: "How will this play out in 2016 elections?"
Good question. Things have moved much faster than I would have ever guessed, and we may have gay marriage in all 50 states by November 2016. So it may be moot, and I was listening to a talking-heads show suggesting that GOP pragmatists kind of want it to be settled in the courts so they aren't obliged to fight over it.
In the GOP primaries, the candidates are going to cater to the extreme right, and some may call for a constitutional amendment or some damn fool thing. And such a candidate might win in the primaries, but will then need to backpedal fast because it will not be a good issue to run on in the general election.
In the end, if SCOTUS decides for gay marriage across the country, it's going to be hard to reverse that even with a GOP majority in both houses and a Republican in the White House. But there could be some ugly rhetoric among those fighting hardest to stay on the wrong side of history.
posted by adamrice at 6:55 PM on January 23, 2015
Good question. Things have moved much faster than I would have ever guessed, and we may have gay marriage in all 50 states by November 2016. So it may be moot, and I was listening to a talking-heads show suggesting that GOP pragmatists kind of want it to be settled in the courts so they aren't obliged to fight over it.
In the GOP primaries, the candidates are going to cater to the extreme right, and some may call for a constitutional amendment or some damn fool thing. And such a candidate might win in the primaries, but will then need to backpedal fast because it will not be a good issue to run on in the general election.
In the end, if SCOTUS decides for gay marriage across the country, it's going to be hard to reverse that even with a GOP majority in both houses and a Republican in the White House. But there could be some ugly rhetoric among those fighting hardest to stay on the wrong side of history.
posted by adamrice at 6:55 PM on January 23, 2015
Rhaomi: "There are only eight states out of fifty that still have bans on the books (plus an additional three where the laws have been overturned but there's an indefinite stay on the ruling)."
Whoops, make that an additional four. Still, PROGRESS.
posted by Rhaomi at 7:26 PM on January 23, 2015
Whoops, make that an additional four. Still, PROGRESS.
posted by Rhaomi at 7:26 PM on January 23, 2015
How will this play out in 2016 elections?My guess is that it won't matter very much. The Republicans already see the writing on the wall and are trying really hard not to talk about the whole issue to general audiences. Being homophobic is toxic with young voters, and they need to do something to combat the perception that they're a bunch of out-of-touch oldsters. They might use it to try to rally their base, but I don't think it will be a significant factor even for base-rallying purposes. They know they've lost this one, and they'll focus more on things that their base still think they can win, like limiting women's reproductive freedom. They might focus on getting religious exemptions for people who provide wedding services like catering and whatnot, because they can frame that as religious freedom, and it seems to be a little less disastrous for them than straight-up arguing against marriage equality.
posted by ArbitraryAndCapricious at 7:34 PM on January 23, 2015
I'm surprised this'll be allowed there, Birmingham being a totally Muslim city and all.
Well played.
posted by ethnomethodologist at 8:12 PM on January 23, 2015
Well played.
posted by ethnomethodologist at 8:12 PM on January 23, 2015
If we do get a supreme court ruling in favor of marriage equality, I can only assume that transvaginal ultrasounds, waiting periods, and a judge's approval will be required in the more retrograde states within a few years. Can't let a pesky supreme court ruling get in the way of basic justice and human decency.
In the meantime though, hooray!
posted by stet at 11:16 PM on January 23, 2015 [1 favorite]
In the meantime though, hooray!
posted by stet at 11:16 PM on January 23, 2015 [1 favorite]
They might focus on getting religious exemptions for people who provide wedding services like catering and whatnot, because they can frame that as religious freedom, and it seems to be a little less disastrous for them than straight-up arguing against marriage equality.
I predict this will be a full on litmus-test type issue, in order to cater to the far-right fringe, where every candidate will need to support legislation protecting the "religious freedom" to be exempt from providing government services to or doing business with the LGBT community. People can get behind "religious liberty" because it sounds like a shield to protect the minority while actually being a whip wielded by the majority. And because most conservatives think gays are icky but can't say so.
posted by peeedro at 5:43 AM on January 24, 2015 [1 favorite]
I predict this will be a full on litmus-test type issue, in order to cater to the far-right fringe, where every candidate will need to support legislation protecting the "religious freedom" to be exempt from providing government services to or doing business with the LGBT community. People can get behind "religious liberty" because it sounds like a shield to protect the minority while actually being a whip wielded by the majority. And because most conservatives think gays are icky but can't say so.
posted by peeedro at 5:43 AM on January 24, 2015 [1 favorite]
I actually think that religious exemptions are a little bit more risky for Republicans than they seem at first glance. It's hard to write them so that they cover the things that Republicans want them to cover (contraception mandates; catering same-sex weddings) and not stuff that voters are really going to balk at (laws that say that you can't pay men and women differently for the same work or refuse to hire non-Christians or turn Jewish customers away from your hotel, for instance.) Arizona had to back away from a religious exemption law, basically because the tourism industry freaked out. It turns out that nobody will schedule a convention in a state that has announced that hospitality workers are free to refuse service to pretty much anyone. Christian conservatives were keen on it, and the old-school business wing of the party hated it. I think the religious exemption thing may pit various parts of the Republican coalition against each other, which seems to be a theme among Republicans these days.
posted by ArbitraryAndCapricious at 7:24 AM on January 24, 2015
posted by ArbitraryAndCapricious at 7:24 AM on January 24, 2015
I don't disagree, I just think that in order to be viable candidates every 2016 Republican presidential candidate will be forced to publicly harrumph their support of religious exemption laws. Like like so many other wedge social issues, they will not be forced to actually offer any details of how to fairly or legally implement them (or, if elected, be held to enact their promises from the campaign trail).
posted by peeedro at 8:00 AM on January 24, 2015
posted by peeedro at 8:00 AM on January 24, 2015
Local coverage from al.com, the digital parent and semi-destroyer of three former daily newspapers:
Federal judge strikes down Alabama's same-sex marriage ban
Majority of AL.com voters support legalization of same-sex marriage in Alabama, poll shows
7 questions about Alabama's pro-gay marriage ruling
Same-sex marriage in Alabama could generate $22 million from weddings in first 3 years, study says
Birmingham women sued to get marriage recognized and now hope path clear to jointly adopt daughter
Mobilians cautiously optimistic of judge's ruling on Alabama's 'unconstitutional' same-sex marriage ban
(don't read the comments. never read the comments on al.com)
posted by ndfine at 10:03 AM on January 24, 2015 [1 favorite]
Federal judge strikes down Alabama's same-sex marriage ban
Majority of AL.com voters support legalization of same-sex marriage in Alabama, poll shows
7 questions about Alabama's pro-gay marriage ruling
Same-sex marriage in Alabama could generate $22 million from weddings in first 3 years, study says
Birmingham women sued to get marriage recognized and now hope path clear to jointly adopt daughter
Mobilians cautiously optimistic of judge's ruling on Alabama's 'unconstitutional' same-sex marriage ban
(don't read the comments. never read the comments on al.com)
posted by ndfine at 10:03 AM on January 24, 2015 [1 favorite]
ndfine: "Majority of AL.com voters support legalization of same-sex marriage in Alabama, poll shows"
A totally non-scientific web poll with a self-selected sample, though. Going by a NYT/CBS/YouGov poll of the state from last October, public opinion here was 28% for same sex marriage, 60% against. That's even less than the amount of people that voted for Obama in 2012.
(Also, the comments aren't that bad. At least, there's some actual diversity of opinion, not just wall-to-wall gnashing of teeth.)
posted by Rhaomi at 10:49 AM on January 24, 2015 [1 favorite]
A totally non-scientific web poll with a self-selected sample, though. Going by a NYT/CBS/YouGov poll of the state from last October, public opinion here was 28% for same sex marriage, 60% against. That's even less than the amount of people that voted for Obama in 2012.
(Also, the comments aren't that bad. At least, there's some actual diversity of opinion, not just wall-to-wall gnashing of teeth.)
posted by Rhaomi at 10:49 AM on January 24, 2015 [1 favorite]
Good on Alabama! Any bets as to what will be the last state to legalize gay marriage (assuming there isn't some sort of federal measure to make gay marriage the rule nation-wide, that is)?
Oddly, my first inclination was to answer "Alabama". Maybe it's just because of their history or their recent fetus representation law but I just automatically presume that we were going to have to drag them kicking and screaming into yet another century.
posted by dances with hamsters at 6:22 PM on January 24, 2015
Oddly, my first inclination was to answer "Alabama". Maybe it's just because of their history or their recent fetus representation law but I just automatically presume that we were going to have to drag them kicking and screaming into yet another century.
posted by dances with hamsters at 6:22 PM on January 24, 2015
*licks index, throws hand in air, finger extended*
Another one!
posted by BlueHorse at 9:40 PM on January 24, 2015
Another one!
posted by BlueHorse at 9:40 PM on January 24, 2015
Alabama Probate Court Judges Association says not to issue marriage licenses to same-sex couples on Monday
Apparently they're claiming the order to allow same sex marriage only applies to the couple in the case?
posted by fings at 4:29 PM on January 25, 2015
Apparently they're claiming the order to allow same sex marriage only applies to the couple in the case?
posted by fings at 4:29 PM on January 25, 2015
What mendacious assholes.
posted by feckless fecal fear mongering at 4:55 PM on January 25, 2015
posted by feckless fecal fear mongering at 4:55 PM on January 25, 2015
I suspect another 'clarifying' Order will be coming down on Monday as well.
posted by T.D. Strange at 8:45 PM on January 25, 2015 [1 favorite]
posted by T.D. Strange at 8:45 PM on January 25, 2015 [1 favorite]
Alabama gay marriage ruling put on hold: No same-sex wedding licenses for 2 weeks
2 men politely denied marriage license at Jefferson County probate office
posted by ndfine at 11:45 AM on January 26, 2015
2 men politely denied marriage license at Jefferson County probate office
posted by ndfine at 11:45 AM on January 26, 2015
2 men politely denied marriage license at Jefferson County probate office
Just to be clear: despite that rather trolly headline, the clerk totally wanted to marry the dudes.
"This is an exciting day for everyone," [chief probate clerk Jackie] Rhodes said. "We just have to have the authority to be able to it and we're just waiting on that."
posted by Going To Maine at 11:52 AM on January 26, 2015 [1 favorite]
Just to be clear: despite that rather trolly headline, the clerk totally wanted to marry the dudes.
"This is an exciting day for everyone," [chief probate clerk Jackie] Rhodes said. "We just have to have the authority to be able to it and we're just waiting on that."
posted by Going To Maine at 11:52 AM on January 26, 2015 [1 favorite]
Madison County to stop performing courthouse weddings. No connection with gay marriage, judge says.
posted by Monochrome at 10:48 AM on January 29, 2015
posted by Monochrome at 10:48 AM on January 29, 2015
11th Circuit denies stay, weddings to begin 9 Feb unless appealed to SCOTUS.
posted by feckless fecal fear mongering at 12:07 PM on February 3, 2015
posted by feckless fecal fear mongering at 12:07 PM on February 3, 2015
In a stunning example of real, actual judicial activism, Roy Moore issues some kind of fucked-up ex parte order staying the federal decision.
I could not make this up.
posted by TheNewWazoo at 8:39 PM on February 8, 2015 [1 favorite]
I could not make this up.
posted by TheNewWazoo at 8:39 PM on February 8, 2015 [1 favorite]
Here's hoping Moore goes two-for-two in the "defying federal courts and losing his chief justiceship" game.
posted by Rhaomi at 10:52 PM on February 8, 2015 [1 favorite]
posted by Rhaomi at 10:52 PM on February 8, 2015 [1 favorite]
Baptist minister explains why she will be performing the first same-sex marriage ceremony in Huntsville
Love wins, y'all!
posted by hydropsyche at 5:05 AM on February 9, 2015 [1 favorite]
Love wins, y'all!
posted by hydropsyche at 5:05 AM on February 9, 2015 [1 favorite]
Supreme Court refuses to block gay marriages in Alabama: “In one sense, that’s business as usual for them,” said James Esseks of the American Civil Liberties Union. “The court doesn’t think that allowing more people to get married is a harm that has to be stopped."
posted by gladly at 6:46 AM on February 9, 2015 [1 favorite]
posted by gladly at 6:46 AM on February 9, 2015 [1 favorite]
So, despite the 7-2 SCOTUS go-ahead, some two dozen county probate judges here are standing with Moore's order and refusing to issue marriage licenses to same-sex couples. No word on whether they're likewise refusing heterosexual licenses (which is technically allowed), but looks like there's still more legal action to come.
posted by Rhaomi at 11:43 AM on February 9, 2015
posted by Rhaomi at 11:43 AM on February 9, 2015
I hope all of those judges are removed from the bench, since they don't understand how law actually works.
This is part of why an elected judiciary is a fucking stupid thing.
posted by feckless fecal fear mongering at 12:21 PM on February 9, 2015 [1 favorite]
This is part of why an elected judiciary is a fucking stupid thing.
posted by feckless fecal fear mongering at 12:21 PM on February 9, 2015 [1 favorite]
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