Law Professor Explains Legal Hurdles with Same Sex Marriage

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Mississippi (WCBI) — Gay marriage is now the law of the land.

Even with the U.S. Supreme Court’s ruling many legal and political battles are looming.

Law professors are already discussing the possibilities of what could happen.

Celebrations and voices of protest were quickly heard once the U.S Supreme Court ruled gay marriage is legal in all 50 states.

“In the same way that we have decided as a country; we have access to public schools without racial restrictions, we have free speech without restrictions by individual states, we have free exercise of religion without states getting to decide which religions they get to allow. This is now an issue we’ve decided at the national level,” Matthew Hall.

Right away, Attorney General Jim Hood said licenses wouldn’t be issued until a federal stay order on gay marriage was issued. This left many circuit clerks feeling in limbo.

Legally it could be about seven days before licenses are given to homosexual couples.

This is because states will have to clear-up technical and legal matters.

“There is absolutely no reason a that state should take longer than maybe a week to delay implementing the Supreme Court’s decision and to begin issuing same sex marriage licenses,” Hall.

Several state leaders were quick to condemn the high court’s ruling. At least one Mississippi lawmaker says legislators could look at removing the state marriage license requirement all together.

Some legal experts believe this is a political tactic, now that state’s cannot define marriage between couples.

“Any attempt to circumvent the decision ends up being a throw the baby out with the bathwater proposal. The only way to avoid, after the Supreme Court’s decision, to avoid same sex marriage would be to do away with marriage all together,” Hall.

Some elected leaders might personally object to gay marriage, if their office does state business it must follow the law.

“All states have different specific rules for obtaining marriage licenses. So, states get to continue to get to set those rules but states cannot apply those rules in any manner that treat same-sex couples any differently than heterosexual couples.”

A request was filed Friday to lift the stay to allow Mississippi to issue marriage licenses to same sex couples.

However, it’s unclear when that request will be heard.

The Hattiesburg American reports three couples did receive marriage licenses before Hood’s order was issued.

Some counties in Alabama did issue same-sex marriage licenses Friday.