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Alabama probate judge asks state supreme court to issue 'landmark' ruling against gay marriage
Hat tip, the Newseum. I schmoozed the headlines there on the way to work this morning. This was on the front page Wednesday morning, but the story has been online for some time.
Alabama probate judge asks state supreme court to issue 'landmark' ruling against gay marriage
By Kent Faulk | kfaulk@al.com
on August 03, 2015 at 10:45 PM, updated August 04, 2015 at 12:30 PM
Washington County Probate Judge Nick Williams is urging the state's high court to issue a "landmark" ruling challenging the U.S. Supreme Court's legalization of same-sex marriage. ... And he wants Alabama Chief Justice Roy Moore, who had earlier recused himself because of his outspoken stance against gay marriage, to be able to vote on it.
"Throughout the nation, defenders of traditional marriage and defenders of constitutional federalism looked – and continue to look – to Alabama as their last best hope," Williams states in a brief filed Monday afternoon with the Alabama Supreme Court.
....
Williams, in his 18-page brief defends attacks on Moore, urges Alabama justices to lead the charge for traditional marriage, and takes a swipe at the five-member majority on the U.S. Supreme Court that legalized gay marriage as lawyers who were elevated to roles as "semi-absolute rulers."
....
Williams, a graduate of Liberty University, lauded the Alabama Supreme Court for standing its ground and defending Alabama's right to decide the marriage laws in their state when it ordered (on March 3 before the U.S. Supreme Court decision) probate judges to stop issuing marriage licenses to same-sex couples despite a federal court ruling. At that point, it made the Alabama Supreme Court the only court to defy a federal court on the issue.
....
Updated at 8:20 a.m. Aug. 4, 2015 with comments from ACLU legal director. Updated at 12:30 p.m. Aug. 4 with comments from SPLC President Richard Cohen
on August 03, 2015 at 10:45 PM, updated August 04, 2015 at 12:30 PM
Washington County Probate Judge Nick Williams is urging the state's high court to issue a "landmark" ruling challenging the U.S. Supreme Court's legalization of same-sex marriage. ... And he wants Alabama Chief Justice Roy Moore, who had earlier recused himself because of his outspoken stance against gay marriage, to be able to vote on it.
"Throughout the nation, defenders of traditional marriage and defenders of constitutional federalism looked – and continue to look – to Alabama as their last best hope," Williams states in a brief filed Monday afternoon with the Alabama Supreme Court.
....
Williams, in his 18-page brief defends attacks on Moore, urges Alabama justices to lead the charge for traditional marriage, and takes a swipe at the five-member majority on the U.S. Supreme Court that legalized gay marriage as lawyers who were elevated to roles as "semi-absolute rulers."
....
Williams, a graduate of Liberty University, lauded the Alabama Supreme Court for standing its ground and defending Alabama's right to decide the marriage laws in their state when it ordered (on March 3 before the U.S. Supreme Court decision) probate judges to stop issuing marriage licenses to same-sex couples despite a federal court ruling. At that point, it made the Alabama Supreme Court the only court to defy a federal court on the issue.
....
Updated at 8:20 a.m. Aug. 4, 2015 with comments from ACLU legal director. Updated at 12:30 p.m. Aug. 4 with comments from SPLC President Richard Cohen
From the comments:
DarbyDenton
Colbert County Probate Judge Daniel Rosser said Tuesday he is asking the state attorney general if he can permanently stop issuing marriage licenses.
Colbert judge seeks attorney general's opinion on marriage licenses
Some folks never learn.
Colbert County Probate Judge Daniel Rosser said Tuesday he is asking the state attorney general if he can permanently stop issuing marriage licenses.
Colbert judge seeks attorney general's opinion on marriage licenses
Some folks never learn.
Colbert judge seeks attorney general's opinion on marriage licenses
Note that the story is from a month ago.
Posted: Wednesday, July 1, 2015 12:15 am
By Mary Sell Montgomery Bureau
MONTGOMERY — Colbert County Probate Judge Daniel Rosser said Tuesday he is asking the state attorney general if he can permanently stop issuing marriage licenses. ... Rosser is opposed to issuing licenses to same-sex couples and said he mailed the request for an attorney general’s opinion Monday. ... The U.S. Supreme Court ruled Friday {June 26} that gay marriage is legal in all 50 states.
“My desire at this point is to know what I can legally do and not do,” Rosser said. “I want to know what my options are.”
A spokeswoman for the attorney general Tuesday said it can take several months for an opinion to be issued.
Meanwhile, Lauderdale County Probate Judge Will Motlow said Tuesday his office will not be issuing marriage licenses until further notice. ... “The U.S. Supreme Court’s opinion has not been mandated,” Motlow said.
By Mary Sell Montgomery Bureau
MONTGOMERY — Colbert County Probate Judge Daniel Rosser said Tuesday he is asking the state attorney general if he can permanently stop issuing marriage licenses. ... Rosser is opposed to issuing licenses to same-sex couples and said he mailed the request for an attorney general’s opinion Monday. ... The U.S. Supreme Court ruled Friday {June 26} that gay marriage is legal in all 50 states.
“My desire at this point is to know what I can legally do and not do,” Rosser said. “I want to know what my options are.”
A spokeswoman for the attorney general Tuesday said it can take several months for an opinion to be issued.
Meanwhile, Lauderdale County Probate Judge Will Motlow said Tuesday his office will not be issuing marriage licenses until further notice. ... “The U.S. Supreme Court’s opinion has not been mandated,” Motlow said.
But:
Alabama fight against gay marriage has few options, professor says
By Kent Faulk | kfaulk@al.com
on August 04, 2015 at 6:30 PM, updated August 05, 2015 at 6:06 AM
Options for Alabama to get around the U.S. Supreme Court's June 26 ruling legalizing gay marriage are "precious little" and all of them involve the political process – not the courts, one University of Alabama law professor says.
What state or federal courts can't do is to ignore a binding precedent of the U.S. Supreme Court, said University of Alabama Law Professor Ron Krotoszynski, Jr. "That's not an option. That's not on the table," he said.
Changing the decision is possible, though difficult, through the legislative process which could include a push for a constitutional amendment, Krotoszynski said. ... "It is perfectly okay for people to use the political process to initiate a change," Krotoszynski said. "The constitution is not unamendable. But at this point it's a political battle, not a legal one."
But at least two groups – the Alabama Policy Institute and the Alabama Citizens Action Program - and Washington County Probate Judge Nick Williams are urging the Alabama Supreme Court to defy the U.S. Supreme Court.
on August 04, 2015 at 6:30 PM, updated August 05, 2015 at 6:06 AM
Options for Alabama to get around the U.S. Supreme Court's June 26 ruling legalizing gay marriage are "precious little" and all of them involve the political process – not the courts, one University of Alabama law professor says.
What state or federal courts can't do is to ignore a binding precedent of the U.S. Supreme Court, said University of Alabama Law Professor Ron Krotoszynski, Jr. "That's not an option. That's not on the table," he said.
Changing the decision is possible, though difficult, through the legislative process which could include a push for a constitutional amendment, Krotoszynski said. ... "It is perfectly okay for people to use the political process to initiate a change," Krotoszynski said. "The constitution is not unamendable. But at this point it's a political battle, not a legal one."
But at least two groups – the Alabama Policy Institute and the Alabama Citizens Action Program - and Washington County Probate Judge Nick Williams are urging the Alabama Supreme Court to defy the U.S. Supreme Court.
Washington County Probate Judge Nick Williams at LinkedIn
Education
Liberty University
Master of Business Administration (M.B.A.), Business Administration and Management, General
2017
Pursuing an M.B.A. through Liberty University. Expected to complete in 2017.
Southwestern Assemblies of God University
Bachelor of Arts (BA), Theology/Theological Studies
2010 – 2013
Activities and Societies: Theta Alpha Kappa
Rhema Bible Training Center
Bible Diploma, Theology/Theological Studies
1997 – 1999
Graduated with 4.0 GPA, emphasis in Biblical Studies
Liberty University
Master of Business Administration (M.B.A.), Business Administration and Management, General
2017
Pursuing an M.B.A. through Liberty University. Expected to complete in 2017.
Southwestern Assemblies of God University
Bachelor of Arts (BA), Theology/Theological Studies
2010 – 2013
Activities and Societies: Theta Alpha Kappa
Rhema Bible Training Center
Bible Diploma, Theology/Theological Studies
1997 – 1999
Graduated with 4.0 GPA, emphasis in Biblical Studies
He has not been graduated from Liberty University. He is taking online courses there now. Liberty has a huge online presence.
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