the supreme court of alabama has ordered the state's probate judges to stop issuing marriage licenses to gay couples in the latest development in a fierce battle over the power of federal law in its ruling on tuesday evening, the all republican court said a previous federal ruling stating that banning same sex marriage violates the us constitution does not prevent it from following state law in alabama, marriage has been legally defined as the union of only one man and one woman for two centuries, it said, siding with an argument recently offered by a pair of conservative organizations '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', the court added ruling: the supreme court of alabama (pictured) has ordered the state's probate judges to stop issuing marriage licenses to gay couples in the latest development in a fierce battle over the power of federal law  the state's probate judges now have five days to file a letter stating why they should not have to adhere to the court's decision, according to abc six justices concurred in tuesday's 134 page opinion, which was not signed however, the court's most outspoken opponent of gay marriage, chief justice roy moore, recused himself last month, two conservative groups appealed a decision by district judge callie granade of mobile, who ruled that alabama's constitutional and statutory bans on gay marriage were unconstitutional immediately after granade's ruling, moore told probate judges across the state they were not obliged to issue same sex marriage licenses his stance created widespread confusion among judges awaiting a license: in its ruling on tuesday evening, the  court said a previous federal ruling stating that banning gay marriage violates the us constitution does not prevent it from following state law above, shante wolfe, left, and tori sisson, right, wait for their marriage license to be processed  in montgomery, ala, last month  protesters: in alabama, marriage has been legally defined as the union of only one man and one woman for two centuries, the court said above, people rally against same sex marriage in montgomery on february 21  some refused to issue the licenses to engaged same sex couples, while others shut down their operations for all couples, gay and straight, until they could get a clear answer justice jim main agreed with the result but said he has concerns about procedural aspects 'of this highly unusual case' in a dissent, justice greg shaw said it was 'unfortunate' that federal courts refused to delay gay marriage in the state until the us supreme court could settle the issue nationally but, shaw said, the state supreme court does not have the power to consider the issue the court released the decision while gov robert bentley and most state leaders were assembled in montgomery for the state of the state address differing opinions: six justices concurred in tuesday's  opinion, which was not signed however, the court's most outspoken opponent of gay marriage, chief justice roy moore (left), recused himself right, shannon minter, legal director of the national center for lesbian rights, said the court's position was 'unfortunate' bentley's spokesman said the administration was reviewing the decision and had no comment joe godfrey, executive director of the alabama citizens action program, said he was 'very excited' about the decision blocking judges from issuing marriage licenses to same sex couples 'we are concerned about the family and the danger that same sex marriage will have it will be a devastating blow to the family, which is already struggling,' godfrey said he added the ruling will give 'some stability' in alabama until the supreme court rules later this year however, lawyers representing same sex couples seeking the right to marry in alabama said the court showed 'callous disregard' in its decision it added that the court overstepped its bounds by declaring that alabama's ban on same sex marriages is constitutional, something the justices had not been asked to consider 'it is deeply unfortunate that even as nationwide marriage equality is on the horizon, the alabama supreme court is determined to be on the wrong side of history,' said shannon minter, legal director of the national center for lesbian rights the court's decision tuesday came in response to a request from the alabama policy institute and the baptist run alabama citizens action program to halt same sex unions after granade's ruling gay marriage has been legalized in at least 36 us states, as well as the district of columbia
court tuesday us constitution national center for lesbian rights alabama
court has told probate judges to stop issuing same sex marriage licenses  claims previous federal ruling does not prevent it from following state law  federal justices ruled that banning gay marriage violates us constitution  but court argues under alabama law, marriage involves a man and woman  six justices agreed in  134 page opinion on tuesday, which was not signed  national center for lesbian rights director described court's position as 'unfortunate', adding 'it is determined to be on the wrong side of history'