Liberal

Dunay: Alabama leadership makes a mockery of the state and its legal system

The state of Massachusetts did the unthinkable in 2003. Almost without skipping a beat, the state legalized same-sex marriage and life went on.

Now, 36 other states, the District of Columbia and many Native American tribes have legalized same-sex marriage. One of those states, however, hasn’t dealt with the new law so amicably.

On Feb. 9, a federal judge declared Alabama’s state ban on same-sex marriage unconstitutional. Immediately following the decision, the state requested a stay on the ruling; both the 11th Circuit Court of Appeals and the U.S. Supreme Court denied the request.

As counties across the state began to issue marriage licenses to same-sex couples, the state government reacted in true Alabama fashion. State Supreme Court Justice Roy Moore issued a decree that judges across the state were not to follow the orders of the federal court system.

In an attempt to rewrite his own rules, Moore, sadly, only made a fool of himself and the state he was elected to serve.



After Moore’s announcement, mass hysteria ensued in Alabama. Moore issued a six page letter to state judges stating, “… a federal judge’s decision striking down the state’s ban on same-sex marriage is not binding on state courts.” From this, Moore ordered all probate judges in the state to withhold marriage licenses from same-sex couples.

In the few days following the decision, 51 of the state’s 67 counties ignored Moore’s decree and began issuing licenses to same-sex couples. However, some counties followed the orders and only distributed licenses to heterosexual couples while some stopped issuing licenses altogether.

Suddenly, probate judges in the state began receiving word that if they were to continue issuing licenses to same-sex couples, their jobs could be in serious jeopardy. As it has done many times in the past, the state of Alabama decided not to participate in the United States legal system.

So far, no judges have been fired, but many counties are still unsure of the state’s future regarding same-sex marriage.

Moore’s actions quickly started backlash. Human rights organizations called for his head, threats against his life increased and a serious ethics investigation began probing his office for answers. He is now being accused of improperly using his office to fight off same-sex marriage in the state.

After these actions, it almost seems fitting to compare Moore to infamous Alabama Gov. George Wallace in 1963. Wallace stood in the doorway of the University of Alabama, blocking the entrance of two black students, proclaiming, “segregation now, segregation tomorrow, segregation forever!” This came after the federal government demanded immediate integration of public universities across the country.

In both cases, the higher-ups in Alabama made a mockery of their state by proclaiming themselves to be above federal government orders. Now, regardless of any states’ rights debate, this is much more than just federal government intrusion. We are talking about human rights here — those things that we are supposed to inherit upon birth.

Unfortunately, we live in a world where people like Moore find it necessary to belittle the soul of a human being simply because of some ignorant social stigma that doesn’t affect them.

In a completely objective attack, Moore has made a fool of himself, the state of Alabama and our justice system in general, and that is something he needs to be taken down a few pegs for.

Eric Dunay is a freshman in the School of Architecture. His column appears weekly. He can be contacted at [email protected] or on Twitter @ERock_28.





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