Probate judges do a lot and sometimes we forget how vast their powers are. For example who decides whether or not your father was of sound mind when he gifted every cent he owned to his favorite ice ream parlor? The probate judge does. Who decides if you are allowed to watch over your grandmother’s estate while it is probated? That same judge. Judges make policy through their decisions and that policy reflects the society within. Thus it concerns me to see Alabama Probate Judges ignoring the Federal Court Order to allow same sex marriage.
- The Alabama Supreme Court has ordered a halt to same-sex marriage licenses in the state, posing a direct challenge to a federal court in Mobile that overturned the state’s marriage laws.
- On March 3, 2015 the Alabama Supreme Court stated “[a]s 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.”
- This will not change the court stated, “does not change simply because the new definition of marriage has gained ascendancy in certain quarters of the country, even if one of those quarters is the federal judiciary.”
- Alabama probate judges are being prevented from issuing marriage licenses for same sex couples.
Here is the interesting part, the US Constitution requires that government officials (including the State officials) treat people equally, and not issuing marriage licenses to one couple that is entitled to it while not issuing it to another (again under Federal law both couples are entitled) is grounds for a lawsuit. So some judges have just shut down shop completely and refused to issue marriage licenses.
- My opinion on gay marriage is irrelevant my point here is what do we do when a judge does not follow the law?
- What if it was your marriage license that won’t be issued?
- My point is even scarier when we talk about probate property and will contests. For example if you die leaving two children and one is in a same sex union and dies, and the other child is in an “Alabama Marriage” and also dies, one of the partners is getting your entire estate your other child’s loved one will receive nothing via intestate succession. (Of course though, you will have an estate plan and will so that will not happen!)
- Do judges have the right to choose social policy based on religious and personal views? Again what if a biracial couple were denied their rights in our neighbor to the North?
How does this effect Florida same sex unions in Alabama?