The Alabama Supreme Court this morning dismissed petitions by the Alabama Policy Institute, the Alabama Citizens Action Program and Elmore County’s probate judge that had sought a landmark ruling declaring the state’s prohibition on gay marriage still stands in defiance of the U.S. Supreme Court.
Today’s ruling means same-sex marriage is still intact in Alabama and the petitions challenging it are tossed. The petitions had sought to challenge the U.S. Supreme Court’s ruling declaring same-sex marriage legal in the Obergefell case.
While dismissing the petitions Alabama justices, particularly Chief Justice Roy Moore, still expressed their strong disagreement with the U.S. Supreme Court ruling. Moore called it a “lawless act.”
Eric Johnston, attorney for API, said the Alabama justices’ ruling ends their petitions.
“My initial reading of it is that the (Alabama) justices were bound by Obergefell and they have agreed that Obergefell is controlling and that the opinion from March will not now be in effect,” Johnston said. “They (Alabama justices), however, all strongly expressed disagreement with Obergefell but as a matter of the rule of law they had to follow it.”