Revolution of the Justices

A large number of probate judges in the state of Alabama have decided that they will not comply with a federal court's ruling that they should start manufacturing fiat marriages. It's nice to see that there are some judges who are actually interested in justice, which in this case means disobeying the orders of a higher court. Or, more appropriately, getting creative in their interpretation of what the higher court's orders actually are:

An attorney for the Probate Judge’s Association said that is not an accurate reading of the judge’s ruling. Probate Judges are elected in all 67 counties in Alabama and carry the responsibility of issuing and recording marriage licenses.

“Judge Granade’s ruling in this case only applies to the parties in the case and has no effect on anybody that is not a named party. The probate judges were not parties in this matter,” Al Agricola, attorney for the Alabama Probate Judges Association, explained. “The legal effect of this decision is to allow one person in one same sex marriage that was performed in another state to adopt their partner’s child. There is nothing in the judge’s order that requires probate judges in Alabama to issue marriage licenses to same sex couples.”

...Judge Greg Norris, President of the Alabama Probate Judges Association, hopes that misinterpretation of Friday’s ruling will not cause confusion among the general public. Probate Judges are elected in all 67 counties in Alabama and carry the responsibility of issuing and recording marriage licenses.

“As probate judges, our duty is to issue marriage licenses in accordance with Alabama law and that means we can not legally issue marriage licenses to same sex couples,” said Greg Norris, President of the Alabama Probate Judges Associate. “The recent federal ruling does not change that.” Probate Judges are elected in all 67 counties in Alabama and carry the responsibility of issuing and recording marriage licenses.

Probate Judges are elected in all 67 counties in Alabama and carry the responsibility of issuing and recording marriage licenses.

Sometimes "the law" and "justice" are at odds. Sometimes,"the law" asks for the impossible, such as for people to "marry" two (or more) people of the same sex. Sorry kids, it's not a marriage, no matter what the piece of paper says. On the other hand, this seems like an awfully shaky method of making a stand, since it is here based more-or-less on the claim that no ruling has been passed (yet) which requires the state to begin issuing "marriage" licenses to homosexual partners. Of course, that particular situation can (and very likely will) change in the near future, probably about as soon as the first lawsuit is filed against the Alabama probate judges association (or perhaps if they are really stubborn, against each individual probate judge's office).