Alabama Supreme Court Chief Justice Roy Moore ordered state probate judges on Sunday not to perform same-sex marriages, even though U.S. District Judge Ginny Granade struck down the state ban against gay marriages and the U.S. Supreme Court denied Alabama's request to stop gay marriages, which legally began on Monday.
During an interview on Tuesday with "Good Morning America," Moore warned that the gay marriage would lead to incestuous marriages, noted RawStory.com (video below).
“I think the redefinition of the word marriage is not found within the powers designated to the federal government,” said Moore.
“Do they stop with one man and one man, or one woman and one woman? Or do they go to multiple marriages? Or do they go to marriages between men and their daughters or women and their sons?” added Moore.
Even though the Supremacy Clause in the U.S. Constitution clearly gives the federal courts power over state courts and laws, Probate Judge Al Booth, located in Autauga County, Alabama, claimed he didn't know what to do.
"I have the man who runs this state's court system telling me not to issue marriage licenses for same-sex couples," Judge Booth told USA Today, "I have the federal judiciary telling me I will issue marriage licenses to same-sex couples."
"I want to uphold my oath. But what law do I follow?" added Judge Booth. "Which constitution do I uphold?"
Judge Booth claimed last Friday that his office would not perform any marriages because of the work load.
In response, Anne Susan Diprizio, a minister, offered to perform a same-sex marriage for Courtney Cannon and Morgan Plunkett inside Judge Booth's office today.
However, Judge Booth called the police and Diprizio was charged with disorderly conduct.
"She was standing up for our rights to get married," Cannon told the Montgomery Advertiser.
"Judge Booth said there was a lady in the office who wouldn't leave when he asked her to leave," said Autauga County Chief Deputy Dave Hill.
Chief Deputy Hill made no mention of Judge Booth's defiance of the law.
GoodAsYou.org notes that in 1970 probate judges throughout Alabama were refusing to grant marriage licenses to interracial couples in defiance of a U.S. Supreme Court decision from 1967.