Ala. Supreme Court dismisses motions in SSM lawsuits

by Brian Lyman  |  published on March 5, 2016

The Alabama Supreme Court on Friday dismissed motions and petitions in a lawsuit seeking to ban same-sex marriage in Alabama.

But in an unusual move, the justices filed 170 pages of opinion on the dismissal, much of it taken up with heated and angry critiques of the U.S. Supreme Court’s decision in Obergefell v. Hodges last June, which struck down existing bans on same-sex marriage in the states.

“Obergefell conclusively demonstrates that the rule of law is dead,” Associate Justice Tom Parker, an outspoken social conservative.

The Alabama Policy Institute (API) and the Alabama Citizens Action Program (ALCAP), later joined by Elmore County Probate Judge John Enslen – sued to block the issuance of same-sex marriage last spring after a federal judge overturned the state’s 1998 law and 2006 constitutional amendment banning same-sex marriage. The Alabama Supreme Court halted same-sex marriage licenses in March of last year but asked for new briefs in the case after the Obergefell ruling. The plaintiffs had asked the court to affirm their March ruling.

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