Judge Granade In Alabama Refuses To Dismiss Class Action Suit

From Buzzfeed:

The ongoing feud between Alabama and federal courts over the state’s ban on same-sex couples’ marriages continued Friday, as a federal judge kept alive advocates’ attempt to take marriage equality statewide.

U.S. District Court Callie Granade has not ruled on the underlying class-action request — which would apply Granade’s ruling that Alabama’s marriage ban is unconstitutional to probate judges, who grant marriage licenses, statewide — but she refused on Friday to grant state and local officials’ request to dismiss the amended class-action complaint.

Judge Granade rejected a number of arguments. Via AL.com:

First: the state Supreme Court action does not prevent federal court actions.

"Moreover, this Court's jurisdiction in this case and this Court's finding that Alabama's marriage sanctity laws are unconstitutional predate the state court mandamus action," she wrote.

Second: probate judge Davis' compliance with the federal injunction does not prevent federal court actions.

"As long as Judge Davis chooses not to issue any marriage licenses to anyone, he is not violating this court's preliminary injunction entered against him," the judge wrote. "The fact that Davis has reportedly complied with the injunction order does not invalidate Plaintiffs' claims."

Third: standing does not not exist because a probate judge told a gay couple they would not be issuing a marriage license.

As for Russell, the judge rejected his argument that the plaintiffs lack the ability of to sue him because he merely told a couple over the phone that he would not issue a marriage license.

"Whether they were informed of this fact over the phone or in person makes no difference," Granade wrote.

Finally: judicial immunity does not apply.

Additionally, Granade ruled against the probate judges' various claims to immunity. She ruled judicial immunity does not apply because they are not acting as judges with regards to marriage licenses.

If Judge Granade eventually rules that the case can proceed as a class action, then all same-sex couples in the state can be made plaintiffs, and all of the state's probate judges will be made defendants. This will mean that all probate judges would be caught between the state Supreme Court and the federal court. From there, I honestly don't know what could happen.