Judge Says Georgia’s Gay Marriage Ban Is Invalid

The petition asks the court to order judges statewide not to issue same-sex marriage licenses or recognize licenses that Enslen says have been issued in contradiction to the Alabama Constitution.

Listen to Justice Parker call for judges to disregard the U.S. Supreme Court below. “So the fact that these judges are not issuing licenses to anyone is denying them their fundamental right to marry”. Four days later, the Supreme Court voted to legalise same-sex marriage throughout the country.

Five dozen legal scholars are urging citizens and government officials to defy the Supreme Court’s gay marriage ruling, which they said in a statement “must be judged anti-constitutional and illegitimate”.

Enslen’s assault on Alabama same-sex couples represents a culmination of several months of effort as he made similar remarks as far back as July on his Facebook.

Confusion reigned in Kansas after the U.S. Supreme Court in October turned away appeals from five states seeking to retain gay-marriage bans. To recognize the authority of states to define marriage, and the right of federal and state officeholders to act in accordance with those definitions. But same-sex couples will have to get that same document from the federal government, “the government which created their right to marry one-another”, Enslen added.

On his campaign website Enslen mirrors the same ideology.

Reemphasizing this point Randall Marshall, legal director for the ACLU of Alabama, reminded Enslen he swore to uphold the Constitution “and the U.S. Supreme Court is the final arbiter of the meaning of the Constitution”.

The statement closes by arguing that if Americans accept a decision that does not have constitutional warrant, they would be surrendering their liberty to unelected Supreme Court justices.

Elmore County’s probate judge says since filing his petition on Monday, he’s issued three same-sex marriage licenses, something he doesn’t think is a coincidence. The one consistent thread through his entire writing career has been blogging – he’s been doing it since 1997 in one form or another.

LGBT advocates say the petition restricts access.