Top Alabama Judge Defies Gay Marriage Law
One would think the job of a judge is to obey the law. That message never got to Alabama Chief Justice Roy Moore.[su_center_ad]
…Moore…Sunday night ordered the state’s probate judges not to issue marriage licenses to gay couples on Monday, the day same-sex marriages were expected to begin here.
“Effective immediately, no probate judge of the State of Alabama nor any agent or employee of any Alabama probate judge shall issue or recognize a marriage license that is inconsistent” with the Alabama Constitution or state law, the chief justice wrote in his order.
The order, coming just hours before the January decisions of United States District Court Judge Callie V. S. Granade were scheduled to take effect, was almost certainly going to thrust this state into legal turmoil. It was not immediately clear how the state’s 68 probate judges, who, like Chief Justice Moore, are popularly elected, would respond to the order.
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Obewon February 9th, 2015 at 9:05 am
Roy Moore’s constitutional illiteracy is well proven, especially the Supremacy clause!
Article VI, Paragraph 2 of the Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. http://www.law.cornell.edu/wex/supremacy_clause
John Tarter February 10th, 2015 at 11:00 am
Yeah, we know. We have had the Feds claiming supremacy in every aspect of our lives despite the fact that they were given limited powers by the sovereign states themselves. And whatever happened to the 10th Amendment? Lost in the dustbin of history my friends, gone!
arc99 February 10th, 2015 at 11:18 am
The 10th amendment does not give the states the authority to infringe upon 14th amendment rights of its citizens.
Further, Article 3 Section 2 clearly defines the authority of the Supreme Court. No the feds are not claiming supremacy in every aspect of our lives. They are exercising the Constitutional authority that has been the foundation of American law since the inception of the republic.
“The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;–to all cases affecting ambassadors, other public ministers and consuls;–to all cases of admiralty and maritime jurisdiction;–to controversies to which the United States shall be a party;–to controversies between two or more states;–between a state and citizens of another state;–between citizens of different states;–between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.”
labman57 February 9th, 2015 at 9:12 am
Not having learned anything from their own socially-regressive mistakes of the past, Alabama strives to once again end up on the wrong side of history.
Mike February 9th, 2015 at 9:44 am
Interesting, they only have to obey the laws they like in Alabama. This could be problematic for the judge, I’ll wait for the legal scholars to explain the options.
Mike February 9th, 2015 at 10:13 am
It took 26 minutes from the time I posted this comment for the SCOTUS to issue a 7-2 rebuke…Had to be Scalia and Thomas who believe a state judge can over rule the Supremacy Clause.
arc99 February 9th, 2015 at 9:59 am
The country and the world will be a much better place when these ignorant bigots are dead and buried. Now before you anti-gay marriage folks get your panties all in a bunch because I refer to these idiots as bigots, you need to recognize that the judge’s lawful duties have nothing to do with his right to practice his religion as he sees fit.
This is about his function as a judge in the state of Alabama. HIs refusal to carry out his lawful obligations is the 21st century equivalent of standing in the schoolhouse door. I for one am glad that the people who supported George Wallace’s staunch defense of Jim Crow segregation are now (mostly) dead.
I will not apologize for looking forward to the day where every single person who thinks as this judge does, is dead.
Dwendt44 February 9th, 2015 at 12:11 pm
time foe an ethics complaint or a disbarment hearing.
Suzanne McFly February 9th, 2015 at 10:36 am
This is the first step of recognizing you and your ideals have become irrelevant and you are a bad part of our history, evolve and come over to the bright side.
rg9rts February 9th, 2015 at 1:44 pm
Hey Roy!!!! How does it feel to be butch slapped by the real court..
DieselJohnson February 9th, 2015 at 10:20 pm