Local officials in Alabama began issuing marriage licenses for same-sex couples Monday, after the state’s top judge set up a high-stakes legal showdown with a federal court when he ordered local judges not to comply with a ruling legalizing gay marriage in the state.
“Effective immediately, no Probate Judge of the State of Alabama nor any agent or employee of any Alabama Probate Judge shall issue or recognize a marriage license that is inconsistent with [state law],”Alabama Supreme Court Chief Justice Roy S. Moore said in an order. He explained his move as “necessary for the orderly administration of justice within the state.”
The U.S. Supreme Court denied the state’s request to stop same-sex marriages in Alabama on Monday morning, and there were scattered reports of judges issuing marriage licenses to same-sex couples as expected. A United States district court ruled last month that Alabama must issue same-sex marriage licenses starting Monday. Moore issued his order when the U.S. Supreme Court declined to intervene.
Moore wrote that his order protects both the U.S. and Alabama constitutions. But the move, a dramatic challenge to the authority of the federal judiciary, drew quick condemnation in legal circles. Federal courts supersede state courts and Moore lacks the authority to disregard a federal court decision, they said.
His move also drew comparison the state’s attempts to avoid implementing federal court decisions during the civil rights era. Then-Gov. George Wallace made a similar states’ rights argument when he famously tried to block the implementation of a federal order to integrate the University of Alabama in 1963.
Silent No More: Early Days in the Fight for Gay Rights
Caption from LIFE In commemoration of the 1969 Stonewall riots in Greenwich Village, militants this year designated the last week in June as Gay Liberation Week and celebrated with a candlelight parade. The parade involved 300 male and female homosexuals, who marched without incident two miles from Gay Activists headquarters to a park near City Hall.Grey Villet—The LIFE Picture Collection/Getty ImagesCaption from LIFE When a bill guaranteeing equal job opportunities for homosexuals stalled in New York City Council last spring, militants demonstrated at City Hall. With fists raised, they shout a football style "Gay Power" cheer at police blocking the building.Grey Villet—The LIFE Picture Collection/Getty ImagesGay rights protest, 1971.Grey Villet—The LIFE Picture Collection/Getty ImagesCaption from LIFE A homosexual activist steps between a pair of police horses to be interviewed during a New York demonstration. Militants often charge police brutality and welcome arrest for the sake of publicity. They also encourage press coverage of their protest actions.Grey Villet—The LIFE Picture Collection/Getty ImagesGay rights protest, 1971.Grey Villet—The LIFE Picture Collection/Getty ImagesGay rights protest, California, 1971.Grey Villet—The LIFE Picture Collection/Getty ImagesGay rights protest, New York, 1971.Grey Villet—The LIFE Picture Collection/Getty ImagesCaption from LIFE Collared by a patrolman after he deliberately crossed police barricades at New York's City Hall, Gay Activists Alliance President Jim Owles submits to arrest. Members of his organization were protesting City Council reluctance to debate a fair employment bill for homosexuals.Grey Villet—The LIFE Picture Collection/Getty ImagesGay rights protest, New York, 1971.Grey Villet—The LIFE Picture Collection/Getty ImagesGay rights protest, New York, 1971.Grey Villet—The LIFE Picture Collection/Getty ImagesGay rights protest, New York, 1971.Grey Villet—The LIFE Picture Collection/Getty ImagesGay Pride, 1971.Grey Villet—The LIFE Picture Collection/Getty ImagesGay Activists Alliance, New York, 1971.Grey Villet—The LIFE Picture Collection/Getty ImagesGay rights rally, 1971.Grey Villet—The LIFE Picture Collection/Getty ImagesGay rights event, 1971.Grey Villet—The LIFE Picture Collection/Getty Images
