Over the past couple of years, the LGBTQ community has made tremendous strides. There’s been a nationwide shift in public opinion. This month, the United States Supreme Court refused to overturn the federal ruling that found Alabama’s gay marriage ban unconstitutional. This effectively allowed same-sex couples to marry in the state for the first time. It’s astonishing that less than four years after the legalization of same-sex marriage in the blue state of New York, Alabama became the 37th state to legalize. However, in practice, the battle still ensues in Alabama.
Chief Justice of the Alabama Supreme Court Roy Moore has chosen to disregard the federal ruling, ordering lower court judges in the state not to implement the ruling that overturned the state’s same-sex marriage ban.
In June, the U.S. Supreme Court is set to finally rule on the power of states to ban same-sex marriages. In an interview with Michael Bloomberg, Supreme Court Justice Ruth Bader Ginsburg spoke confidently about the future of same-sex marriage in the U.S., stating that Americans won’t need “a large adjustment” if the court rules that same-sex marriage is a constitutional right. Justice Clarence Thomas also suggested that the court’s decision in Alabama was a strong indication that the court’s mind was made up on the issue. Thus, it looks like marriage equality may be achieved in every state by the summer.
Clearly, this is a huge step for marriage equality, but the federal government cannot wait until then to do something about the situation in Alabama. If they do, they run the risk of provoking chaos once same-sex marriage is enforced by the Supreme Court in states like Alabama and others that have not yet legalized the practice.
They need to prepare for a ruling that will be met with extreme opposition by first setting an example that intolerance is unacceptable, and that states do not have the final say on this question. Right now is the time to do so. Allowing judges like Moore to disregard the law on the grounds that they are in violation of a certain moral code opens a window of opportunity for other judges to do the same.
Furthermore, LGBTQ rights do not end with marriage. Even with marriage equality, the LGBTQ community still faces a number of serious issues such as employment discrimination and homelessness. How can we expect to see any rulings on discrimination if there are still judges under the impression that they are not obligated to follow federal law?
The federal government needs to shut down Moore while he is more or less the only judge refusing to implement same-sex marriage. Alabama is not the only place where the public and judges alike are against the equal treatment of LGBTQ couples.