Alabama Chief Judge On Gay Marriage

Posted by Steven D. Eversole | Jul 03, 2015 | 0 Comments

At this point, everyone is aware that the United States Supreme Court decided in a five to four decision that no state could deny gay couples the right to marry. While many people and civil rights organizations celebrated this Supreme Court decision as a landmark moment for equality, as one could expect, not everyone was happy with the decision to make the right to marry a constitutionally protected freedom.


While many opposed to same-sex marriage are vowing to fight the recent decision in some way or another, including protests, civil disobedience, and, in the case of public officials, a refusal to issue marriage licenses. While this is one extreme response threatened in connection with the recent Supreme Court decision, Roy Moore, the Chief Justice of the Alabama Supreme Court has taken this up to an entirely different level and said this recent United States Supreme Court decision could lead to war, according to a recent news article from the Huffington Post.  

Prior to the decision being issued, Moore said same-sex marriage, if allowed, will “literally cause the destruction of our country. “ Following the decision, he continued to comment on what he felt were the dangers of gay marriage, including that he hoped this new decision wouldn't cause conflict, but he also said “same-sex marriage is something that has not existed on a government level.” He went on to says he wasn't sure of the consequences or what the backlash would be, but, if the law isn't constitutional, “then it is not law, and if it is not law, then you don't have to obey it. “ He also compared the Court's decision to something King George III would have done and said that governors have the ability to disregard this decision in their respective states.

Since the United States Supreme Court decision, entitled Obergefell v. Hodges, in which same-sex marriage was legalized throughout the nation, there have been several cases filed challenging the implementation of the court order in Alabama, and Moore has reportedly recused himself from these cases.

As our Birmingham family law attorneys can explain, no matter what anyone's feelings are about legalization of gay marriage, it is the law, and it is very likely the courts and public officials in Alabama will eventually come to accept that and move on, whether they agree or not. While there are obviously a lot of people of people who will rush out and get married now that they are legally allowed, there are many who will eventually decide their marriage not working out.

This is consistent with what has occurred in states that legalized gay marriage years ago. A whole lot of people rushed out to get married, only to file for divorce soon after. There have also been many of issues related to where a couple gets divorced, how property should be divided, and what would happen in regard to child custody if the couple adopted any children.

These are all questions for which the answer varies depending on the situation, and you should speak with an experienced divorce attorney about the facts of your particular case.

Alabama Chief Justice Roy Moore On Gay Marriage Ruling: ‘I Hope We Don't Have A War', July 8, 2015, Huffington Post

About the Author

Steven D. Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama


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