Crazy in Alabama: The Judicial Process and the Last Stand Against Marriage Equality in the Land of George Wallace

11 Pages Posted: 23 Apr 2015

See all articles by Howard Wasserman

Howard Wasserman

Florida International University (FIU) - College of Law

Date Written: April 20, 2015

Abstract

This essay examines the ongoing litigation battle in Alabama over the constitutionality of its ban on same-sex marriage, where one district judge invalidated the state ban and subsequent confusion over the meaning and scope of that injunction has drawn unfortunate and erroneous comparisons to George Wallace and Massive Resistance to integration. In fact, this essay argues, the controversy in Alabama is about judicial procedure and the scope of injunctive relief in constitutional litigation; it reveals how judicial decision making and judicial remedies actually function in a geographically divided and hierarchical federal judiciary. Rhetoric aside, the judicial process in Alabama has functioned largely as it should.

Keywords: Equal Protection, Judicial process, Injunctions, Civil Rights, Marriage

Suggested Citation

Wasserman, Howard, Crazy in Alabama: The Judicial Process and the Last Stand Against Marriage Equality in the Land of George Wallace (April 20, 2015). Northwestern University Law Review, 2015, Florida International University Legal Studies Research Paper No. 15-03, Available at SSRN: https://ssrn.com/abstract=2596633

Howard Wasserman (Contact Author)

Florida International University (FIU) - College of Law ( email )

University Park, DB 2065
Miami, FL 33199
United States
305-348-7482 (Phone)

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