The Alabama Supreme Court on Wednesday dismissed a request by Mobile County Probate Judge Don Davis to clarify Chief Justice Roy Moore’s order instructing probate judges to ignore a federal court ruling allowing same-sex marriage. The justices wrote that they do not have the authority to address the question. Mark Erwin, the chief of state for the probate office, referred questions for comment to outside lawyers representing Davis. They did not have an immediate response. Davis and many other probate judges have refused to comply with U.S. District Judge Callie V.S. “Ginny” Granade’s order making same-sex marriage legal in Alabama as of Monday. Davis cited Moore’s order and asked for clarification. David Kennedy, an attorney for a group of plaintiffs challenging Davis, said he was disappointed that the Supreme Court did not invalidate Moore’s order. But he said it should remove any doubt if Granade rules in favor of the plaintiffs after a hearing scheduled for Thursday in Mobile’s federal court.
Moore recused himself from the request. (Tipped by JMG reader TJ)