IAAAL (I Actually Am A Lawyer), though Constitutional law is not my specialty. (If any actual Constitutional lawyers are reading this, please comment! Adam B? Armando?)
I have skimmed the latest order from the Alabama Supreme Court.
Bottom line: when I first read the headlines, I assumed the order would be totally crazy. But after reading it, unfortunately, I think they might have a reasonable point. I think this might halt same-sex marriages in Alabama till the US Supreme Court rules, likely in late June.
Below the orange ball of confusion, my quick-and-dirty legal analysis, a link to the full text of the Alabama Supreme Court's order, and the inevitable poll.
The Alabama Supreme Court is admitting that the US Constitution trumps Alabama law. This is non-controversial; see the US Constitution's "supremacy clause."
The Alabama Supreme Court is also admitting that, if the US Supreme Court finds the US Constitution requires same-sex marriage, Alabama will have to abide by the US Supreme Court's decision. This is also non-controversial, established by the US Supreme Court's decisions in Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821).
But the Alabama Supreme Court says that it has equal power with the US District Court, and the US Court of Appeals for the 11th Circuit, to interpret the US Constitution. It cites some cases for this proposition that do not seem clearly crazy to me. This could be a reasonable point. (Here's where I wish we had confirmation from a lawyer who regularly practices Constitutional law.)
And the Alabama Supreme Court is saying (shocker!) that the US Constitution does NOT require same-sex marriage.
This could possibly halt same-sex marriages in Alabama until the US Supreme Court rules on whether the US Constitution requires same-sex marriage. The US Supreme Court is expected to hear arguments on that issue in late April, and to issue a ruling by the end of June.
In the meantime—will the US Supreme Court order the Alabama Supreme Court to abide by the US District Court's order? In other words—does the US Supreme Court agree that state courts have equal authority with federal courts to interpret federal law and the US Constitution? I think that could go either way, including being simply delayed until after June, when it no longer matters.
The full text of the Alabama Supreme Court's latest order is here [PDF, 134 pages]. The important part is pages 73–77.