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| Roy Moore |
Come on, Tony Perkins and the Family Research Council. Even YOU know better than to applaud Alabama Supreme Court Justice Roy Moore's illegal - and FUTILE - action to halt marriage equality in Alabama
Then again:
Alabama Chief Justice Roy Moore is used to being in headlines -- but
Wednesday's weren't exactly accurate ones. Like several of the country's
clerks and judges, Roy Moore made no secret of where he stands on
same-sex marriage -- and he's fought it with every judicial tool at his
disposal. And while some have accused him of defying the Supreme Court's
decision to redefine marriage, the reality is that Moore is simply
holding out until an official decision is reached in his state.
Most people are probably wondering: Didn't the Supreme Court already make that determination for Alabama in Obergefell?
The answer is yes and no. Last spring, before five justices decided to
rewrite thousands of years of natural law, the Alabama Supreme Court had
upheld the state's marriage amendment. Now that the Supreme Court has
ruled, there's some confusion as to what the state's decision means in
light of that. Right now, the Alabama Supreme Court is currently
considering the impact of Obergefell on its ruling last March.
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| FRC president Tony Perkins |
Until it rules, Chief Justice Moore is telling probate judges to
continue to follow his administrative order from last March: "Until
further decision by the Alabama Supreme Court, the existing orders of
the Alabama Supreme Court that Alabama probate judges have a ministerial
duty not to issue any marriage license contrary to the Alabama Sanctity
of Marriage Amendment or the Alabama Marriage Protection Act remain in
full force and effect."
To be clear, this is an administrative order
-- not a ruling on the merits. All it does is simply reaffirm Moore's
position while the Alabama Supreme Court deliberates. The media,
however, seized on the memo to probate judges as proof that Justice
Moore is somehow rebelling against the courts. In reality, he's simply
doing what he can to delay the process and force others to act --
instead of willfully allowing same-sex "marriage" in Alabama on his
watch. Nothing that Justice Moore has done is outside of his authority
or the boundaries of his role. Until the state supreme court rules (and
there's little doubt as to how they will), no outcome from the high
court is final. In the meantime, we applaud Justice Moore for morally
and constitutionally opposing an unjust ruling -- and ensuring that the
state's process is followed before the redefinition of marriage is
unleashed there.
There is NO confusion. SCOTUS declared marriage equality legal and that's the end of it. Let's not play games here. Roy Moore is a cheap, dictatorial demagogue who seems to think that HIS religious beliefs supersedes America's laws and court procedures. He is a fool with power, which makes him a somewhat dangerous fool, but a fool nonetheless.
And the fact that the Family Research Council jumps through hoops to defend his madness more than adequately demonstrates its anti-gay animus and gives proper justification as to why it was
declared to be an anti-gay hate group by the Southern Poverty Law Center.
Now meanwhile,
in the REAL world:
Two federal prosecutors in Alabama say that Alabama probate judges
are not free to disobey the U.S. Supreme Court's ruling on same-sex
marriage and deny gay couples marriage licenses, despite an order from
Alabama Chief Justice Roy Moore.
"The Chief Justice of the Alabama Supreme Court has issued an
administrative order, directing probate judges that they may not issue
marriage licenses to same-sex couples, despite the U.S. Supreme Court's
decision last year on marriage equality," according to a statement
issued Wednesday night by U.S. Attorneys Joyce White Vance of the
Northern District of Alabama and Kenyen Brown of the Southern District
of Alabama.
"We have grave concerns about this order, which directs Alabama
probate judges to disobey the ruling of the Supreme Court," Vance and
Brown stated. "Government officials are free to disagree with the law,
but not to disobey it. This issue has been decided by the highest court
in the land and Alabama must follow that law."