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A total of 170 pages of writing emerged, however, and much of it contained harsh criticisms of the Court for the ruling it did issue last June, in making marriage open nationwide to same-sex couples.
Of course, it has been true since last August that all sixty-eight probate judges in Alabama — the officers whose duty it is to issue marriage licenses — have been under a federal court’s order to issue them equally to same-sex couples.
On Friday, in his twenty-five-page concurring opinion, joined in part by two other justices, Shaw contended that the state court should not put itself in defiance of the Supreme Court, and contended that the decision was binding all across the nation, not just binding in the four states whose bans were directly at issue in that decision — contrary to an argument made by Chief Justice Moore about the supposedly limited nature of the ruling.