Shelby signals support for Moore, says federal judge’s ruling on gay marriage not final

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February 24, 2015

WASHINGTON — Senator Richard Shelby (R-Ala.) on Monday seemed to defend the legal argument being made by Alabama Supreme Court Chief Justice Roy Moore that federal judge Callie Granade has no jurisdiction over the state’s probate judges and therefore cannot order them to issue same-sex marriage licenses.

Though Sen. Shelby said he hasn’t talked to Chief Justice Moore about the issue, he said he understands where he’s coming from.

“I’ve always believed and still believe that marriage should be between a man and a woman. I voted on that in the U.S. Senate,” Shelby said after speaking to the Montgomery Area Chamber of Commerce Monday morning.

“We had a federal district court in Mobile make a ruling, then they had a ruling from the 11th Circuit, but the Supreme Court hasn’t. So I think that’s the point he’s making, that it’s not a final ruling, as I understand it,” Shelby said.

Shelby was asked if he would issue marriage licenses to same-sex couples if he was a probate judge.

“I’m not a probate judge, but that would be very confusing to the probate judges to have one ruling from the state Supreme Court and one from a federal district court,” the Senator replied. “I would hope [the Supreme Court] would rule the way I believe, but I’m afraid they won’t.”

Shelby’s comments, originally reported by AL.com, have been picked up by other papers in the state, as well as several pro-LGBT blogs, and the Huffington Post.

Senator Shelby, who is co-sponsoring a constitutional amendment that would allow states to make their own policies on same-sex marriage, also said he believes his stance on marriage “is the view of the overwhelming majority of the American people.”