Tuesday, the Alabama Supreme Court issued a writ of mandamus, ordering a halt to gay “marriages” in the state. The order, request by Liberty Counsel on behalf of the Alabama Policy Institute and the Alabama Citizens Action Program, comes a few weeks after a U.S. District Court judge in Mobile ordered a probate judge there to issue same-sex marriage licenses.
According to The Mobile Press-Register, the states: “As it has done for approximately two centuries, Alabama law allows for ‘marriage’ between only one man and one woman. Alabama probate judges have a ministerial duty not to issue any marriage license contrary to this law. Nothing in the United States Constitution alters or overrides this duty.”
The latest chapter in this story now sets up a likely Tenth Amendment showdown — in the courtrooms, not the halls of legislature — over the issue.