Alabama probate judges might wish to brush up on federal contempt of court powers

U.S. District Court Judge Callie V.S. “Ginny” Granade on Jan. 23 struck down Alabama’s laws banning same-sex marriage in a ruling in one same-sex couple’s lawsuit in Mobile. The judge ruled that probate judges around the state should begin issuing licenses to same-sex couples on Monday Feb. 9 if an appeals court did not issue a stay. No stay has been issued. Alabama probate judges who refuse to follow the order may well be subject to the power of the federal court to hold them in contempt. For a good article laying out the broad powers of a federal district judge to hold individuals in civil or criminal contempt, here is an extensive explanation of those powers.

Acting like a yokel and mouthing off about ludicrous theories of states’ rights is one thing. Defying a specific order of a federal court is quite another.

UPDATE:

The injunction issued by the district court states:

Accordingly, the court hereby ORDERS that the Alabama Attorney General
is prohibited from enforcing the Alabama laws which prohibit same-sex marriage.
This injunction binds the defendant and all his officers, agents, servants and
employees, and others in active concert or participation with any of them, who
would seek to enforce the marriage laws of Alabama which prohibit same-sex
marriage.

See here for full order. Also here for PDF. ORDER Strawser v. Strange (8)

RGK

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