chief justice roy moore is going to continue after the break.bout how this is all likely to play out when more courts and couples join the fray? rma. checking your credit score is for chumps. i have great credit. how do you know? duh. you know those change, right? tattoos don't change. try credit karma. it's free and you can see what your score is right now. aren't you a little bit curious? i just got my free credit score! credit karma. really free credit scores. really free. i have got to update my ink. >>> we're talking about the battle over same-sex marriage in alabama. a battle reminiscent of other times in our nation's history when state courts and legislatures and governors clashed with federal courts and congresses and presidents. want you to hear the chief justice of alabama -- of the supreme court in alabama explaining why most state judges are still upholding a same-sex marriage ban that a federal judge struck down. >> i think that gay marriage is an alteration of the definition of marriage and the united states supreme court does not

back to alabama, it is one thing that roy moore says that is undisputabley true. the judge's ruling binds the state attorney general, but it doesn't behind the judges that issue same-sex marriage licenses. the judge's ruling is to be considered definitive on the issue of federal constitution. that's where the rattle in the system is. >> how unprecedented is this where you have you know the supreme court trying to uphold one ruling, a state judge doing another thing? give us a sense of how unusual this is. >> in the modern era, it is extremely unusual that a state supreme court justice would essentially order those who are responsible for carrying out the duties of the state to ignore a federal order of the court. >> abiding by judge moore's suggestion directive, to what degree is that unprecedented? >> justice moore did issue an order, so it does have some legal precedence, but the truth of the matter is the federal court decision outweighs his edict. therefore all of these probate judges who are refusing to issue marriage licenses to same sex couples are in conte

roy moore is trying to block the courthouse door.nclear the weight moore's order will actually carry. the supreme court annoyanced this morning-- announced that it would not intervene. joining me tonight on this issue is mike rogers of rawstory.com. good to have you with us tonight. i guess we're going back to the 1950s or 60s here. first of all what is your reaction to this and what authority does moore have as you see it? >> you hit the nail on the head. these guys want to drag us back to the 1960s. what moore did was basically tell the judges in his state that they had to not issue licenses for same sex couples, but the governor has said he will not prosecute any judges who go ahead and issue marriage licenses. people in the state are getting married. that's really is what the most important thing is. hundreds of couples are able to walk down the aisle and nothing horrible is happening all over the state. >> what happens if the judge does deny licenses? >> there is one case where a judge refused to open the office. those who don't

do they issue those licenses or listen to judge roy moore and refuse. they basically told roy moore that we're going to go to the highest court in the land and grant those licenses. and alabama is the 37th state to do so. 50 of alabama's 60 counts still refuse to issue same sex licenses. joining me now is patricia todd, the first openly ga elected official in the state. how is this playing, today's news, in alabama? they show really high levels of opposition to same-sex marriage and marriage equality? >> we're all disappointed in the probate judge's lack of ability to do their job. if they got elected to office, if they didn't have to wear an oath to the bible, it was to uphold the constitution of the united states. we saw many of them today fail at their jobs. >> do you think those probate judges will have any accountability? politically, are they going to face any reprisals for doing this, or is this politically safe for them to do? >> the reality is it is probably politically safe for them to do, but we're not elected to office to do what is politica

sunday night chief justice roy moore sent out letters saying although gay marriage was legal on monday that he felt that it was unconstitutional and if the federal law did not apply to what was happening here. >> sexual appearance is that a constitutional right, sexual preference. she can be bisexual transgender. is that a right. it's not a right found in the constitution. >> the right to marriage or relationship is a right given by god. >> according to the aslu some refused to clountss. a federal district court ruled last month that alabama's ban was unconstitutional and on monday the u.s. supreme court refused to step in. >> they said that there was conflicting rulings, so they have to do research and they would call us. >> it's not the first time roy moore challenged federal authority. in 2003 he refused a court order to take down a 10 commandments monument he installed in the state judicial building. he was removed from the bench by a state ethics panel but in 2012 was reelected. >> the next step we are looking to find a way into court, so that we can get this settled. i think we'l

i'm judge roy moore, i don't listen to any other judge. no judge judy, no judge reinhold. here's the good news, gay marriage movement, g.m.m., it's just a matter of time. for example, it didn't get more racist than alabama governor george wallace. >> i say segregation now, segregation tomorrow, and segregation forever. >> larry: i mean this guy who couldn't have been more against integration eventually realized he was on the wrong side of history. >> one time i believed in segregation. that was wrong. we shouldn't segregate american citizens from one another. >> larry: you know what phrase didn't exist-- yeah, go ahead, if you want to applause. ( applause ). >> larry: absolutely. you know what phrase didn't exist in 1963? reformed racist alabama governor. okay? now, look, i know the struggle-- struggle-- the struggle for black civil viets quite the same as the struggle for gay civil rights but i think we can agree in both struggles there has plenty of sinister ( bleep ) from the other side to keep the tide from rolling forward but the tide is rolling forward and ultimately

look at roy moore. he's not only been an embarrassment as he's been going from talk show to talk show to the country. but he's been an embarrassment to his own state. in fact, i bet he's an embarrassment to the legal body for which he sits. we saw the governor the conservative governor of alabama distance himself from roy's remarks. the pace of progress that you're talking about, it's happened even in the deep soit. my home state of arkansas. or alabama that we're talking about today. and it's because our friends, our colleagues. our neighbors, regardless of where we live or what political party we belong to are coming out. once everyone gets to know us they wish for e = rights. >> let me push back on that a little bit. to the subject of his own party and his own state. only 23 justices are defying roy moore. he clearly has some currency among judges tasked with upholding the law in his own state. >> the test will be when the judge granade clarifies the ruling that will make clear that the probate judge

alabama's chief justice, roy moore. remember him? he's taking on the feds over the right to same-sex marriage. looks like he's losing. you're watching "hardball." the place for politics. hey matt, what's up? i'm just looking over the company bills. is that what we pay for internet? yup. dsl is about 90 bucks a month. that's funny, for that price with comcast business, i think you get like 50 megabits. wow, that's fast. personally, i prefer a slow internet. there is something about the sweet meditative glow of a loading website. don't listen to the naysayer. switch to comcast business today and get 50 megabits per second for $89.95. comcast business. built for business. back to "hardball." >>> welcome back to "hardball." well, this morning in a 7-2 decision, the united states supreme court refused to stop same-sex couples from getting married in alabama. this after alabama's chief justice roy moore ordered probate judges in that state to not issue licenses to same-sex couples. presently, there's a lot of confusion in alabama right now

last night, judge roy moore acted to prevent that. he ordered the state's local family law judges to not perform same-sex marriages despite the federal ruling that said they had to. huh? thank you, judge moore in alabama. thanks to him, chaos rains. -- reigns. probate judges grappled with conflicting rulings. alabama live had a handy county by county map today showing what kind of marrying was happening in each county in alabama today. no confusion and disarray there. many judges decided not to issue any marriage licenses at all, gay or straight. marriage unavailable for anyone. that is not confusing at all. for judges who did want to make their way through the conflicting rulings and instructions, alabama's attorney general issued this helpful statement. look at this. i advise probate judges to talk to their attorneys. that's right. so the judges should get lawyers. the judges should speak to their lawyers about with a they should do pt not confusing at all. it should be noted in the handful of green counties, there were a lot of very

roy moore is more of a political activist.e ran for governor and thought of running for president. he got tossed from this job before because he pushed so far to have a monument of the ten commanders in a building in alabama. so that is where the context comes in. i think this is an inappropriate rule of his power but i'm not surprised because he views himself as the vanguard in alabama and not necessarily a judge in the way we think of as a judge. >> there was an article in the times that was titled was do gays unsettle you. and he writes about being gay and he still looks around when he holds his partners hand and said he read polls that people want to support it but still feel unsettled about it. take a look at this poll from glad about a year ago it. said 80% believe more work is needed to change attitudes toward lbgt issues and 34% would be uncomfortable attending a wedding or some feel uncomfortable if a couple were holding hands and some are accepting of this but for some folks they haven't really accepted it internally

alabama's chief justice, roy moore. remember him?g on the feds over the right to same-sex marriage. looks like he's losing. you're watching "hardball." the place for politics. before larry instantly transferred money from his bank of america savings account to his merrill edge retirement account. before he opened his first hot chocolate stand calling winter an "underserved season". and before he quit his friend's leaf-raking business for "not offering a 401k." larry knew the importance of preparing for retirement. that's why when the time came he counted on merrill edge to streamline his investing and help him plan for the road ahead. that's the power of streamlined connections. that's merrill edge and bank of america. >>> hello, i'm milissa rehberger. the city of boston just suspend all rail service until wednesday. today's storm already dumped 20 inches of snow. earl yes today a disabled train left some 50 passengers stranded for more than two hours. more trouble lies ahead. forecasters say two major storms could hit the northeast

what do you have to say to them and to chief justice roy moore of alabama who is trying to put a stop to all of this? >> ultimately, we have got to learn to respect the rights of people who are minorities. alabama is an interesting state. there was never a time when you get the majority of the people in the state to vote to end racial segregation. our state constitution, which is being invoked by some people here and reference to the marriage equality issue, still prohibits like and white children from going to school together. we have tried twice now to remove this apartheid segregation language. each time, the majority of the people in the state have voted to take the language out. what i would say to these young women is, this is a state where he sometimes have to stand when other people are sitting place where you have to speak when other people are quiet. purge and courage alone is necessary -- courage and encourage alone is necessary when people don't respect you. it is the history of america the history of the state for justice. i embrace and applaud all who take that stand and

last night, judge roy moore acted to prevent that.ed them to not perform same-sex marriages despite the law saying they had to. thanks to him, chaos rains. pro bait judges grappled with conflicting rulings. they had to put together a county by county map showing what marrying was happening in which county today. they decided to not issue any marriage licenses at all. marriage unavailable for anyone. that is not confusing at all. for those that did want to make their way, alabama's attorney general issued this helpful statement. i advice probate judging to talk to their attorneys. not confusing at all. it should be noted in the handful of green counties, there was a lot of happy gay couples getting hitched. the reason they were able to get hitched is the u.s. supreme court denied the request to stave that. they are anticipating there could be a big, national sweeping ruling in the next few months. today with this decision in alabama, a lot of people saw the supreme court's decision to not block same-sex marriages from going forward. so

this is in defiance of chief justice roy moore. alabama counties complying with moore's order. >>> breaking overnight. another major loss for journalist. david carr has died. the times executive editor says carr collapsed in the newsroom on thursday night. his former times colleague bill carter tweeted david carr was brilliant and funny and generous generous. he is proud to be one of his friends. david carr was 58. >>> and more alleged exaggeration as nbc news investigates brian williams. there are new questions about his claims of flying into baghdad with s.e.a.l. team six and war memorabilia that he claims to have received as gifts. among them a s.e.a.l. knife and piece of helicopter from the raid that killed osama bin laden. sources in the s.e.a.l. community tell cnn it would be impossible for williams to travel with s.e.a.l. team six. questions surfacing about his account of meeting with pope john paul ii. >>> let's get an early look at our money with cristina alesci. >> u.s. stock futures are pointing higher. yesterday, the do

this is in defiance of the order from the alabama chief justice roy moore. most counties are complying with moore's ruling. >>> very sad news to tell you about breaking overnight. another blow to the world of journalism. david carr has died. carr collapsed suddenly in the newsroom around 9:00 eastern last night. bill carter tweeted, david carr was brilliant and funny and generous. my heart breaks for his family and legion of friends. he is proud to have been one of his friends. david carr was 58 years old. >>> more alleged exaggeration coming to light and suspended news anchor brian williams is being investigated. new claims of flying in baghdad with s.e.a.l. team six and war memorabilia he received as gifts. among them a s.e.a.l. team knife. sources in the s.e.a.l. community tell cnn it is impossible for williams to travel with s.e.a.l. team six because they don't imbed journalists. nbc news has not responded to any of the new allegations. >>> let's get an early start on your money. cristina alesci joins me now. >> good morning. asian shares ended the day m

but the chief judge of the state supreme court, roy moore intervened telling probate judges who hand marriage licenses that green need had no authority to tell them what to do >> it's matter of jurisdiction between state and federal courts. the ultimate arbiter is the united states supreme court but until they decide the issue state courts have a certain right. >> reporter: the conflicting orders created what one state supreme court judge called a "circus." 23 counties dan issuing licenses to same-sex couples. 18 refused. 26 of those offices, including mobile simply shut down. judge grenade sought to clear up the circus with today's action and while mobile probate judge don davis immediately complied with the order roy moore who in 2003 famously defied a federal court order to remove a monument to the ten commandments, hopes davis will ultimately resist. >> i would hope judge davis stands his ground and rules on the only law in effect at this time is the alabama constitution constitution. >> reporter: the u.s. supreme court is only months away from ruling on the constitutionality of

mark: that time we asked chief justice roy moore who he hangs out with.ohn: that time we wrote a letter to lincoln. mark: that time we found that new job for john stuart. -- jon stewart. john: that time we found millenial votes for obama. mark: that time i almost killed john in the kitchen. john: that time we jumped the shark. mark: that time we stomped the senator. what is the best place if you are trying to win votes if you want to eat lebanese votes? guest: i knew you were going to ask me that, and i can't remember. john: that time that justice ginsburg went ghetto. justice ginsburg: we both grew up in brooklyn. mark: that time that we still mustered on his hand. john: we will get you next time david. mark: we will get you next time david. ♪ >> this in great stuff on the bloomberg politics website, including a new piece by the fund-raising wars. >> there is also a lot of news of jeb bush having a press conference in florida. he talked about national security and said he was not going to talk about iraq and afghanistan in terms of the past, but rather i

the man ahead of it is roy moore, who ordered state judges sunday night to refuse marriage licenses. >> i think a redefinition of the world marriage is not found within the powers designated to the federal government. >> moore became a nationally known figure when he denied an order to remove a ten commandments memorial at a federal building. as for the comparisons to george wallace, the alabama governor who defied law when it comes to segregation. >> wrong side of history, did they stop with one man or one woman and one woman do they go to multiple marriages and marriages between men and their daughters and women and their sons? >> polls show that more than half of the americans support gay marriage but in the south it's less than half. the lowest support from anywhere in the nation. >> karen thank you. >>> back here a public hearing about railroad safety was held in delaware county "action news" was in lynn, where the fra reviewed septa's waiver of safety rules the fra says it extends workdays for engineers working six day weeks and 14 hour days, they say it makes the engineers tir

then alabama chief justice roy moore stepped in and told state officials to ignore that court order. now the federal judge has fired back. we invited justice moore to join us. chief justice with this latest ruling by federal judge granade and with 50 at least 50 of the 67 probate judges in alabama -- and those are the ones who decide whether or not to issue the court orders in the counties with 50 of the 67 now saying they're going to go ahead and issue those same-sex marriage licenses this next week, is this case basically settled? >> no, far from it, chris. this was -- this latest ruling merely pointed out what i said in my initial order. she does not have power over anything but what's before her court. even with that recent ruling, she has no power over the probate courts of alabama. this is about an extension of power beyond federal authority. i'm talking about rule 65 federal rules of procedure which states very quickly a person is not bound if they're not before the court. and she noted that. then she joined one judge. she now has one judge under authority. but not the other re

alabama's state supreme court justice roy moore issued an order to local judges to ignore the ruling. moore believes it will keep a sense of harm money in alabama until the u.s. supreme court makes its decision. >>> and the jury trial of the man accused of kidding chris kyle, former marine eddie ray ralph was accused of killing him. kyle is a former navy s.e.a.l. >>> and a selfie led police to charge a teen with murder. 16-year-old maxwell morton was charged in the shooting death of a 16-year-old boy in pennsylvania. he was arrested after sending a selfie photo of himself posing in front of the victim aes body. showing the victim with a gunshot wound to the face. >>> the accident involving bruce jenner dispelled rumors that he was teting while driving. jenner's suv pushed a woman's car into oncoming traffic. authorities say he passed a field sobriety test. investigators will seek cell phone records to see if distracted driving played a factor. >>> and bring in the ice. the home of the 49ers is about to transform into the home of the sharks. how crews are making it all happen, next. >>

on sunday the chief justice roy moore ordered state officials to defy the federal court and not issue marriage licenses to same-sex couples. and in response to today's court decision, he is doubling down telling msnbc news, quote the u.s. district court has no power or authority to redefine marriage. once you redefine marriage. that is the ultimate power. would it overturn the laws of in seventy? bigamy? polygamy? this is alabama. we don't give up the recognition that law has bounds. what happens now. and emma mar goal is joins me now. and let's talk about this fight between the state and the federal court. are the state courts continuing to defy what is now a federal order? >> reporter: well, joy, most of them aren't. i contacted several probate judges and asks them what their opinion is. at this point they were not ordered to defy the state ruling that struck down the state's ban but they had sent down some memos that maybe they might not want to think about issuing marriage licenses. most of them that i talked to said they would grant marriage licenses to same sex couples and we ar

it's almost like judge roy moore is sort of the back to the future supreme court justice.n the constitution article 6. it says federal law supersedes state law and if the supreme court said you have to issue marriage licenses to same-sex couples, i hate to break it to you, justice, but you do. this is a stand in the schoolhouse door moment. it should be a no brainer for anyone calling themselves a judge. >> noah he -- the courts in alabama ruled -- >> uh-huh. >> they refused to stay it. >> yeah. >> so what's confusing about that to these counties that claim to talk about conflicting? there's no conflict here there's no stay on the order by the higher court. >> it's almost like no one's in charge in alabama. we're still trying to figure it out. even the governor, governor bentry won't say one way or the other what is supposed to go on. he said they'll support the probait judges. people are afraid to make a move. they're afraid if they go the wrong way, they'll get into trouble. instead of this being a historic day for same-sex couples, beautiful, hundreds of couples who wan

mark: that time we asked chief justice roy moore who he hangs out with.friends who are homosexual. john: that time we wrote a letter to lincoln. mark: that time we found that new job for jon stewart. mark: that time i almost killed john in the kitchen. hold still, you big baby. john: that time we covered the ukrainian parliament. john: that time we jumped the shark. mark: that time we stomped the senator. what is the best place if you are trying to win votes if you want to eat lebanese votes? guest: i knew you were going to ask me that, and i can't remember. john: that time that justice ginsburg went gangster. ginsberg: i didn't know about notorious b.i.g, then realized we have one thing in common -- we were both born in brooklyn. john and mark: we will get you next time, david! ♪ >> jeb bush also had a press conference in florida, we talked about that earlier. he said he would not talk about national security and iraq and afghanistan in terms of past but rather the future. >> they like to talk about the future, those candidates. >> saieh very special goo

. >>> conservative chief justice roy moore is doubling down on his stance against it.ere's a federal intrusion into state sovereignty violating organic law. >> this power over marriage which came from god under our organic law is not to be redefined by the united states supreme court or any federal court. >> as for the supreme court, tune in for ruth bader ginsberg's interview on monday night, 9:00 p.m. eastern. >>> tina fey's portrayal of sara palin is an all-time great. the real palin showed up last night with a question for jerry seinfeld and creator loren michaels. >> jerry, how much do you think loren michaels would pay me if i were to run in 2016. >> run for president, sara? i don't think there's a number too big. >> hypothetically then, what if i were to choose donald trump as my running meat. >> sara, you're teasing us. that's not nice. >> oh the thought of that. >>> we'll move on to this. 22 minutes past the hour. i'm joined on the phone with msnbc reporter jam tim who is snowed in this morning. there are exxon stant solicitations for cash. hill lynn clinton h

and i think they fully understand that. >> so robbie roy moore defended his decision in this way.did they stop with one man and one man or one woman and one woman? or they go to multiple marriages or marriages between men and their daughters and women and their sons. >> the slippery slope argument. we've seen this before in the courts. how have courts reacted to that thus far? >> at this point, courts are reacting by saying it's silly. they're right. we have now with alabama 37 states that permit gay couples to marry. i'm not aware of any ground swell movement in any one of those states of people who want to engage in incestuous marriages or polygamous marriages. it's just a red herring. most federal judges in the last few years have realized that. >> pete we've talked about this hearing tomorrow. if indeed they decide yes, you are compelled probate judges, to issue these same-sex marriage licenses what kind of consequences could the judges that resist face? you mentioned paying legal fees potentially. >> contempt of court also. you know they are judges. they do take an oath to up

. >> reporter: after roy moore, chief justice of the supreme court urged justices to avoid the ruling. he was removed from office but was re-elected three years ago. >> that was pete williams reporting for us. it's unlikely that the supreme court would allow alabama to grant the marriage licenses. the high court taking up the issue this spring. and we'll have a ruling by june. >>> turning overseas to a rift between the u.s. and germany on how to end the ongoing conflict between russia and ukraine. leaders must quote, try again and again to end the fighting through diplomacy. just hours earlier, angela merkel stood side-by-side with president obama. both leaders are holding out hope that peace talks will be successful. but president obama says he is open to sending arms to ukraine, putting him at odds with chancellor merkel. >> if diplomacy fails, i asked my team to look at all options. what other means can we put in place to change mr. putin's calculus. and the possibility of lethal defensive weapons is one of those options that's being examined. i have not made a decision about that.

at the epicenter of the dispute is alabama's chief justice roy s. moore.ordered the judges to defy the federal court. he is no stranger to controversy. in 2003, he was removed from his seat to for defying a federal order. he was put barkck on the bench in 2012. some judges complied to deny the marriage licenses, while other judges gave the green light. some in alabama are comparing this to the historical battle over the racial integration issue. moore has called for the governor robert bentley to punish for marriage licenses to same sex couples. the governor said he will not do any such thing. in april, the u.s. supreme court will take up the issue. >> thank you so much. >>> the measles outbreak spreading to three more states and washington, d.c. the centers for disease control and prevention now reports 121 cases of measles in 17 states and the nation's capital. it is very contagious. the largest numbers of cases are in california which started in the disneyland theme parks. the resurgence of measles is due to the growing number of people not having their

late last night, alabama chief justice, roy moore, issued this order banning judges from issuing marriage licenses to gay couples. telling them they didn't have to follow a national judge ruling. in 2003 moore defied a judge's order to remove a statue of the ten commandments from the state courthouse. as of last night, the supreme court had not responded to alabama's request to stay the lower court's decision requiring it to permit such marriages. >>> the world's most talented singers and musicians, they all came together for the 57th annual grammy awards. ♪ ♪ we're on the highway ♪ >> oh yeah. acdc kicked off the show. pumping up the crowd with "highway to hell." as for the night's biggest winner -- >> "stay with me." >> sam smith. >> "in the lonely hour," sam smith. >> i want to thank the man who this record is about, who i fell in love with last year. thank you so much. >> that's one kind of revenge. four grammys. the man who sings heartache is all-smiles. "stay with me" scored four grammys, including record and song of the year. album of the year went to -- >> "morning phase," beck. >

. >> reporter: after roy moore, chief justice of the alabama supreme court, urged local officials to ignore the federal court ruling. in 2003 he defied a federal court order to remove a ten commandments monument from the state supreme court building. he was removed from office but was re-elected three years ago. the supreme court takes up the marriage issue in april with a decision by june. it seems unlikely the justices would allow same-sex marriages to go ahead in alabama now if they're just going to stop them a few months from now. lester. >> pete williams tonight, thanks. >>> german chancellor angela merkel visited the white house today to push for more time to reach a deal to ease tensions between ukraine and russia. president obama's under pressure from republicans and some democrats in congress to provide military assistance to ukraine. while he publicly backed diplomatic avenues, the president did hold on to the prospect of sending arms. >>> days after isis told the world that american hostage kayla mueller was killed in a jordanian air strike, the terrorist group has offered

roy moore is issuing judges to not issue marriage lineses to same-sex couples.ies the federal court's ruling last month. same-sex marriage is legal in 36 states in washington, d.c. >>> a publicist for bruce jenner said the star was not texting and driving during an accident on saturday. saying, it is a devastating tragedy and i cannot imagine what this family is going through at this time. i'm praying for them. i will continue to cooperate in every possible way. four cars were involved in that accident on the pacific coast highway. police say a prius was hit by a white lexus, which was rear-ended by jenner's escalade. the driver of the lexus, 69-year-old kim howe died when the crash sent her into the opposite lane of traffic. and her lexus was hit by a hummer. officials tell nbc los angeles, that if paparazzi was following jenner. jern has been reported to be transitioning gender into a woman. jenner has not publicly commented on those reports. >>> the hit podcast serial might be gearing up for a sequel, now that the man is one step closer to appealing his convi

. >> reporter: chief justice roy moore of the alabama supreme court ordered alabama's probate judges not to issue marriage licenses. >> i don't like to say anybody shouldn't be happy, but nobody's stopping them from living together. it's about the institution of marriage. and when that institution is destroyed, it's a building block for our society. >> reporter: in a state where most residents oppose same-sex marriage, many alabamians cited with justice moore, leaving some license bureaus empty. it's not the first time justice moore has been at the center of a battle between state and federal power. in 2003 he refused to obey a federal court order to remove a monument of the ten commandments from a courthouse. civil rights activists say the gay rights battle is only the latest example of alabama resisting federal power. they compare it to 1963 when then-governor george wallace stood in the doorway at the university of alabama in opposition to federal orders to integrate alabama schools. moore denyies there is a connection between then and now. >> this is not about race. this is not a

late last night, alabama chief justice roy moore issued this order banning probate judges from issuing marriage licenses to gay couples and telling them that they didn't have to follow a federal judge's ruling declaring the state's ban on same-sex marriage unconstitutional. judge moore, you'll recall back in 2003, defied a federal judge's order to remove a statue of the ten commandments from the courthouse. as of last night, the supreme court had not suspended to alabama's request to stay the lower court's decision requiring it to permit such marriages. meanwhile "new york times" reporting a baptist pastor agreed to conduct the state's first same-sex marriages. alabama could become the 37th state to legalize same-sex marriages, but the first in the deep south to do so. >>> the world's most talented singers and musicians came together for the annual grammy awards. ♪ ♪ >> a cdc kicked off the show. the aussie rockers pumped up the crowd with "highway to hell." >> the biggest winner -- >> stay with me. >> sam smith. >> lonely hour sam smith, stay with me. >> i want to thank the man who th

. >> reporter: in a defiant challenge to federal authority chief justice roy moore of the alabama supreme court ordered alabama's from bait judges not to issue marriage licenses. >> i don't like to say anybody shouldn't be happy but nobody's stopping them from living together. it's about the understand talking of marriage. and when that institution is destroyed, it's the basic building block of our society. >> reporter: in a state where most residents oppose same-sex marriage many alabama judges sided with justice moore leaving some license bureaus empty. it's not first time justice moore has been at the center of a battle between state and federal power inch 2003, he refused to obey a federal court order to remove a monument of the 10 commandments from the courthouse. civil rights activists say today's battle is only the latest example of alabama resisting federal power. they compare it to 1963 when then-governor george wallace stood in the doorway at the university of alabama in opposition to federal orders to integrate alabama schools. moore denies there is a connection between then an

. >> reporter: standing in their way, chief justice roy moore, ordering judges sunday night to refuse these couples. >> well i think redefinition of the word marriage is not found within the powers designated to the federal government. >> reporter: moore famously defied a federal order to remove a stone monument of the ten commandments statue from a judicial building. he told me that gay marriage is wrong and says the federal lawsuit did not name him and only he has authority over judges who issue marriage licenses. he rejects the idea that he's today's george wallace, the governor who also defied federal law, during court-ordered desegregation. do you worry that you will end up on the wrong side of history here? >> wrong side of history? absolutely not. do they stop with one man and one man or one woman and one woman or do they go to multiple marriages or do they go marriages between men and their daughters or women and their sons? >> reporter: moore and the state's governor say they will let this matter rest once the u.s. supreme court decides on gay marriage once and for all. david

a federal jumg struck down a ruling, roy moore, the chief justice of alabama's supreme court instructed local judges to ignore the federal court ruling and supreme court and refuse to offer licenses to same-sex couples. some just shut down the entire marriage license operation all together. today, another ruling that might provide clarity to local judges not sure what to do. earlier a federal judge in mobile said they should go ahead and let same-sex couples to get married. she declared, in so uncertain temperatureer terms that alabama's bam on same-sex marriages was unconstitutional. what is most remarkable about this fight is that it has not happening earlier. in state after state after state opponents of same-sex marriage has basically waved the white flag. as recently as 2003, 33% of the country supported same-sex marriage. then, ten years later, 50% of the country supported same-sex marriage. jason collins said i'm glad i'm o coming out in 2013 instead of 2003. joining me is jason collins. thank you for being here. >> thank you for having me. >> we have the marriage case coming bef