Alabama Supreme Court: Stop issuing same-sex marriage licenses

The Alabama Supreme Court is taking on the federal judiciary, ordering the state’s probate judges to stop issuing marriage licenses to same-sex couples.

In January, a federal judge struck down the state constitutional amendment approved by voters in 2006 that defines marriage as between one man and one woman. The U.S. Supreme Court declined to issue an emergency stay of that ruling, allowing same-sex marriage to begin on Feb. 9.

But Alabama Chief Court Justice Roy Moore ordered the state’s probate judges not to follow the federal court order, declaring it did not have the authority to overturn a state law. Most judges followed Moore’s order until another federal judge said they didn’t have to.

Amid the confusion, the Alabama Policy Institute and the Alabama Citizens Action Program asked the state’s Supreme Court to step in. In tonight’s ruling, from which Moore recused himself, the justices said the U.S. Constitution couldn’t alter the judges’ duty to administer state law. It also accused the federal court, based in Mobile, of using “sleight of hand” to legalize same-sex marriage against voters’ wishes.

The confrontation in Alabama will end up at the U.S. Supreme Court, where the nation’s top justices already are scheduled to hear another set of same-sex marriage cases later this year. So far the 6th U.S. Circuit Court of Appeals is the only federal court to uphold state marriage laws, although several cases are moving through other appeals districts that might also end up siding with the states.

The Associated Press contributed to this report.