Editors Pick

Supreme Court of Alabama upholds same sex marriage Rights [Read Judgment]

S.Nikhil Sankar
6 March 2016 12:01 PM GMT
Supreme Court of Alabama upholds same sex marriage Rights [Read Judgment]
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-The Supreme Court of Alabama has ruled  [Jt] in affirmative, upholding the right of same sex marriage unions. The court while doing so, has repelled the challenges made by conservative religious groups who have noted a voice of disapproval against such relationship.

The case was filed by Alabama Citizens Action Program and the Alabama Policy Institute seeking a writ of mandamus to the respondents judges of probate, commanding each judge not to issue marriage licenses to same-sex couples and not to recognize any marriage licenses issued to same-sex couples.

The nine Judge bench of Chief Justice Moore(dissenting) by 7:2 majority observed in a one line order :- "IT IS ORDERED that all pending motions and petitions are DISMISSED". The court brushed aside the challenge made against Judgment of Supreme Court of United States in Obergefell v. Hodges, 576 U.S. ___, 135 S. Ct. 2584(2015), which had practically allowed same sex marriages.

The bench added "Governments did not and do not create the institution of marriage. A civil government can choose to recognize that institution; it can choose to affirm it; and it can even take steps to encourage it. Governments throughout history have done so. But governments cannot change its essential nature. Marriage is what it is. No less so than any naturally occurring element on the periodic table".

The legal battle started in January 2015, pursuant to the order of a Federal Judge in Alabama, that overturned State ban on same sex union. It resulted in confusion amongst various courts on the procedure to be followed. Adding on to it was the approach of the Mobile County probate court which opined that it would stop issuing licenses to any person intending to marry(gay/ otherwise) until further notice.

Read the Judgment here.

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