BIRMINGHAM, Ala. -- There's a new twist in the battle over same-sex marriage in South after Alabama Chief Justice Roy Moore sent a letter to Gov. Robert Bentley stating probate judges can defy a federal judge's ruling that found the state's ban on gay marriage unconstitutional.
A U.S. district judge struck down Alabama's ban on same-sex marriage last Friday after two Mobile women sued the state for failing to recognize the couple's union.
Patricia Todd, the state's first openly gay legislator, D-Birmingham, fired back at Moore’s letter.
“Before casting your stone at me and my family, why dont' you look at you and your family,” Todd said. “Have you been true and faithful with your partner, are you a good parent?”
Todd set off a firestorm with a post on Facebook over the weekend that threatened to expose lawmakers infidelities if they continued with their attacks on same-sex marriage.
"This (is) a time where you find out who are accepting, loving people. To say I am disappointed in Speaker Hubbard comment's and Attorney General Strange choice to appeal the decision is an understatement. I will not stand by and allow legislators to talk about 'family values' when they have affairs, and I know of many who are and have. I will call our elected officials who want to hide in the closet OUT," Todd posted on Facebook.
As news of the post spread, Todd said she was not backing down and will continue to challenge Moore and others who make derogatory remarks about gays and lesbians.
“Oh, he's over the line,” she said. “He had no reason to issue that letter the governor. He is not engaged in this fight. It's not before his court.”
A U.S. district judge struck down Alabama's ban on same-sex marriage Friday after two Mobile women sued the state for failing to recognize the couple's union.
Roy Moore
However, others said that while they are not happy with the rulings, they must follow the law.
Jefferson County Commissioner Jimmie Stephens said he looks to "cooler heads to prevail" when it comes to obeying the controversial law.
"Social mores change and sometimes our laws change to e social mores," Stephens said.
Commission Stephens said he hopes the two sides can come up with a compromise, but state leaders said it is unlikely the legislature will get involved.
“I dont' know of anything else we can do or will do,” said Jabo Waggoner, R-Vestavia Hills, said. “I dont' think it will be an issue. It's already dead as far as Alabama legislature is concerned.”
But Waggoner pointed out that he trusts and supports Moore.
The state filed a motion Friday to keep couples from applying for marriage licenses pending a ruling from the U.S. Supreme Court. The 11th Circuit Court of Appeals must rule by Feb. 9 whether same-sex marriages should continue to be delayed.
The Supreme Court has previously refused to hear cases from states -- Indiana, Oklahoma and Wisconsin, to name a few -- seeking to keep their bans against same-sex marriage in place. But the court is expected to consider petitions from lower courts in five states where judges upheld laws banning same-sex marriage.
If the ruling is upheld, Alabama would be the 37th state to authorize same-sex marriage.
The CNN Wire contributed to this report.
