All proceedings before the commission are confidential and don’t become public until they move to the court of the judiciary, Garrett said. Sanctions the court could impose on a judge include removal from office, suspension without pay, censure and more, Garrett said.
Wayne Flynt, a former Auburn University history professor, said Moore’s tactics echo Southern states’ resistance to federal school desegregation orders long after the segregation had been ruled illegal.
“We arbitrated these issues between 1861 and 1865,” Flynt said of the Civil War conflict that determined who has the final say, states or the federal government.
Regardless of his stance, Moore’s order did not appear to have widespread impact.
Probate judges in Lawrence and Madison counties who had stopped issuing all marriage licenses in response to Moore’s order Wednesday said they had resumed the service Thursday after consulting with attorneys. Mobile County said licensing operations would resume on Friday.
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