When a Federal judge rules on a case, it’s automatically the law of its jurisdiction, which may include more than 1 state, unless the judge issues a stay on its own ruling or if a higher Federal court issues a stay.  A Federal judge will typically issue a stay on its own ruling if it appears that an appeal will be forthcoming, which is usually the case in most Federal civil case decisions.  A Federal judge’s ruling trumps any rulings in a state court at any level, including state laws passed by voters, and to not uphold the ruling is essentially anarchy, though it usually results in less severe punishment, like the removal of state judge or governor who doesn’t honor the ruling.  Though there are a very few legal experts who claim that a Federal District Judge’s ruling has no effect on a state until it’s heard or denied a hearing by the US Court of Appeals and/or the US Supreme Court, the vast majority of legal experts agree that once a Federal District Judge issues an order, it’s binding unless stayed by the judge.

In the case of the Alabama same-sex marriage ban, a Federal District Judge ruled that it was unconstitutional, but issued a stay in her own ruling to give the state time to appeal the decision.  The state of Alabama appealed it, but the appeal of the ruling was denied by the US Supreme Court, which refused to hear the case & refuses to extend the stay.  Note that the US Court of Appeals in Atlanta also declined to hear it or extend the stay, which is why the US Supreme Court reviewed it.  Alabama was hoping to at least get the stay extended until the high court hears a case in June 2015 that should decide it for the entire land.

Therefore, Alabama now has to issue marriage licenses to same-sex couples.  Right now.  By Federal law.

For Roy Moore, the Chief Justice of the State of Alabama’s Supreme Court, to tell anyone to ignore this order is completely preposterous, akin to anarchy in my opinion & he should be removed from office — yet again.  Moore is bucking to set what may be an infamous record — to be removed from the office of the Chief Justice of ANY state’s Supreme Court TWO TIMES!  I can’t imagine this has ever happened twice to the same person.  I believe he does it because he’s bucking to become the next dictator of the South after it secedes from the Union once again.  At the very worst, he’s getting a ton of free publicity & lots of backing from Alabamians for his incorrect, morally-wrong decision & his twisted logic, and I believe he intends to get thrown out of office & use that as a springboard to be the next Governor of Alabama, which office I believe he would win if he tried, especially after this move, which I equate to George Wallace’s infamous “stand in the schoolhouse door” in the 60’s.

And for Alabama Governor Robert Bentley to not step up & tell people that Roy Moore has no authority to order Probate Judges to ignore a Federal District Judge’s ruling (and a US Court of Appeals & US Supreme Court’s denial of appeal) & not rebuking Moore for doing so is essentially anarchy also in my opinion.

Currently, over 75% of the state’s Probate Judges are denying marriage licenses to same-sex couples in defiance of the law, but I believe that once Moore is removed from office yet again & once Governor Bentley steps up & gets wise to the fact that the last Alabama governor who denied a Federal Judge’s ruling was the infamous George Wallace, I believe that the Probate Judges will do an about-face & honor the Federal Judge’s order.  I fully believe this is simply political posturing & a case of Moore & Bentley “playing chicken” with the Feds.

Once again, Alabama ends up on the wrong side of history, but Alabamians have a long huge legacy in doing so on many issues, including the Civil War, civil rights, evolution, school prayer, school segregation, mixed-race marriage (41% of Alabamians voted in 2000 to continue outlawing mixed-race marriages even though the US Supreme Court had ruled that stance unconstitutional in 1967 — it was on the ballot simply to clean up the state constitution, and luckily that 41% lost), and now same-sex marriage.

If I were the Federal judge who issued the order, I would send US Marshals to serve a notice upon Moore & Bentley to not engage in any more rhetoric & to make a statement that they do indeed support the Federal Judge’s order, or place them under arrest for violating that order.  The Republicans of Alabama (and anybody else who doesn’t get it) need to understand that it doesn’t matter how many people of a state want a law to be a law — if a Federal Judge says it’s wrong, it’s wrong, and if it’s inherently wrong, it doesn’t matter how many people want it to be right, it’s still wrong.  If it weren’t for Federal Judges/Courts doing so, we might still have slavery, no voting for women or minorities, segregated schools, no bi-racial marriages, and we’d be signing “Dixie” at ballgames.