Yesterday Federal District Court Judge Callie V.S. Granade denied a request from Mobile County Probate Judge
Don Davis that she stay her order due to the conflicting order from
the Alabama Supreme Court. The judge, who was appointed by George W. Bush with the blessings of Alabama’s two Republican senators, concluded that Davis was unlikely to prevail on appeal. Granade also noted that Judge Davis failed to offer a substantive argument that lifting the stay would do irreparable harm.
Enter Liberty Counsel, the anti-gay hate group. According to them:
A week after the Alabama Court issued its ruling informing all Probate
Judges that they must comply and cease issuing marriage licenses to
same-sex couples, the federal judge who purported to overturn Alabama’s
marriage laws in January has turned down the opportunity to challenge
the statewide ruling of the Alabama Supreme Court.
They go on to claim:
We are pleased that the Alabama Supreme Court’s order is being respected
and followed throughout the State of Alabama. The federal court has no
authority to force the Alabama Probate Judges to issue marriage licenses
to same-sex couples, and that lack of authority has been admitted by
the federal court.
In point of fact the only issue that resulted in Judge Granade’s ruling was the request for a stay — one that she denied. Responses are due today in a move to permit additional plaintiffs and defendants to be added to the
case and for the case to proceed as a class action on behalf of all gay citizens of Alabama who wish to marry. On that basis, defendants would include all of the states probate judges. A favorable ruling would, once and for all, eliminate the meddling of the all Republican Alabama Supreme Court.
It is impossible to determine if Liberty Counsel wants to convince others, or themselves, that two plus two equals five. It is probably a bit of both.