Chief Alabama judge would defy Supreme Court in gay marriage ruling

Alabama Constitution

The governor shall be commander-in-chief of the militia and volunteer forces of this state, except when they shall be called into the service of the United States, and he may call out the same to execute the laws, suppress insurrection, and repel invasion, but need not command in person unless directed to do so by resolution of the legislature; and when acting in the service of the United States, he shall appoint his staff, and the legislature shall fix his rank.

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/Constitution/1901/CA-245668.htm

Alabama Statute

Section 31-2-1 Definitions.
Section 31-2-2 Composition and administration of state militia generally.
Section 31-2-3 Divisions of state militia; composition of organized militia and National Guard.
Section 31-2-4 Composition of naval militia.
Section 31-2-5 Composition of unorganized militia.
Section 31-2-6 Persons exempted from militia service, etc.
Section 31-2-7 Maintenance of troops in time of peace.
Section 31-2-8 Organization, etc., of State Defense Force upon call, etc., into federal service of National Guard.
Section 31-2-9 Powers, etc., of Governor and Adjutant General with respect to State Defense Force; State Defense Force to be free from federal control.
Section 31-2-10 Appropriations for State Defense Force.
Section 31-2-11 Exemption of officers and enlisted men of National Guard, etc., from state jury duty.
Section 31-2-12 Exemption from motor vehicle license tax, etc.; distinctive National Guard license tags.
Section 31-2-13 Service benefits for government employees, etc.
Section 31-2-14 Bonds of persons responsible for public or military property or public funds.
Section 31-2-15 Depositories and arsenals for military property; disposition of unexpended regular military appropriations.
Section 31-2-16 Per diem of officers or enlisted men under military travel orders.
Section 31-2-17 Unauthorized wearing of uniform of United States armed forces.
Section 31-2-18 Wearing foreign uniforms - Prohibited; exceptions.
Section 31-2-19 Wearing foreign uniforms - Penalties.
Section 31-2-20 Unauthorized wearing of uniform while not on duty.
Section 31-2-21 Discrimination against person wearing uniform.
Section 31-2-22 Disloyal or insulting remarks, gestures, etc., to or about troops engaged in performance of duties, etc.
Section 31-2-23 Arms, equipment, etc., to be deposited in armories, etc.
Section 31-2-24 Preservation of arms, equipment, etc., by officers.
Section 31-2-25 Accountability and responsibility of officers for military property in custody; powers and duties of Adjutant General as exclusive custodian of state military property.
Section 31-2-26 Officers of disbanded organizations to return arms, equipment, etc., to custody of Adjutant General.
Section 31-2-27 Unauthorized use of military property for private purposes.
Section 31-2-28 Officers and enlisted men personally responsible for care, etc., of military property in custody.
Section 31-2-29 Wilful or malicious destruction, etc., of military property.
Section 31-2-30 Sale, exchange, etc., of military property; seizure, etc., of illegally acquired military property.
Section 31-2-31 Sale, pawn; purchase or unauthorized retention of military property; seizure, etc., of unlawfully retained property.
Section 31-2-32 Liability of officers and enlisted men for lost or damaged military property.
Section 31-2-33 Failure of officers, etc., to make required reports concerning military arms, funds, etc.
Section 31-2-34 Proceedings when member of armed forces unable to account for property or money.
Section 31-2-35 Matters governed by custom and usage of United States armed forces.
Section 31-2-36 Acceptance, etc., of commission, etc., in state armed forces and United States reserve components not incompatible with holding of civil office.
Section 31-2-37 Annual encampments or cruises.
Section 31-2-38 When officers, enlisted men, etc., deemed to be "in the active military or naval service of the state."
Section 31-2-39 Emergency purchases.
Section 31-2-40 Enforcement of sanitation laws in camps or garrisons.
Section 31-2-41 National Guard and Naval Militia service medals.
Section 31-2-42 Retirement of officers and enlisted men from National Guard.
Section 31-2-43 Status of officers and enlisted men of National Guard and Naval Militia upon release from active federal service.
Section 31-2-44 Payment of expenses by state upon call, etc., into federal service of National Guard and Naval Militia.
Section 31-2-45 Designations of units engaged in federal service.
Section 31-2-46 When unorganized militia may be ordered out for active service.
Section 31-2-47 Rules, regulations, etc., governing unorganized militia in active service; appointment, etc., of emergency officers in state militia.
Section 31-2-48 Manner of ordering out unorganized militia; organization; appointment of officers.
Section 31-2-49 Draft of unorganized militia.
Section 31-2-50 Failure to appear for duty in militia.
Section 31-2-51 Commander in Chief - Designated.
Section 31-2-52 Commander in Chief - Powers and duties generally.
Section 31-2-53 Personal military staff of Governor.
Section 31-2-54 Governor's flag.
Section 31-2-55 Appointment of officers and enlisted men of headquarters and headquarters detachment of National Guard.
Section 31-2-56 Exhibitions, athletic matches and contests in armories, etc.
Section 31-2-57 Assignment of headquarters and headquarters detachments of National Guard during national crisis.
Section 31-2-58 Adjutant General - Qualifications; appointment; term; commission; rank; powers and duties generally; seal.
Section 31-2-59 Adjutant General - Status and duties upon call, etc., into federal service of National Guard.
Section 31-2-60 Organization of Military Department; qualifications, appointment, rank, etc., of employees of department; applicability of merit system to department officers and employees.
Section 31-2-61 Salaries of officers and employees of Military Department.
Section 31-2-62 Bonds of Adjutant General and other employees of Military Department.
Section 31-2-63 Offices, furniture, stationery, etc., of Military Department.
Section 31-2-67 Annual report by Adjutant General to Governor.
Section 31-2-68 Audit of books, accounts, etc., of Adjutant General and other officers.
Section 31-2-69 Standards for appointment, removal, etc., of officers of state armed forces; qualifications of federally recognized National Guard.
Section 31-2-70 Officers to have same powers and duties as officers in armed forces of United States.
Section 31-2-71 Qualifications and appointment of National Guard staff officers headquartered in other states.
Section 31-2-72 General officers of the line.
Section 31-2-73 Appointment, promotion, etc., of noncommissioned officers, etc., of National Guard.
Section 31-2-74 Enlistments, etc., in National Guard.
Section 31-2-75 Discharge of enlisted members of National Guard.
Section 31-2-76 Drills, encampments, maneuvers, etc.
Section 31-2-77 Service medals and decorations authorized for wear with National Guard and Naval Militia uniforms.
Section 31-2-78 Personal uniforms, arms, etc., of officers, enlisted men, etc., exempt from sale under execution, etc.
Section 31-2-79 Exemption of members of militia from arrest.
Section 31-2-80 Exemption from ad valorem taxes of property owned or leased by units of armed forces.
Section 31-2-81 Exemption of certain post exchanges and canteens from tobacco and gasoline taxes and state and local licenses.
Section 31-2-82 Armed forces organizations not to leave state without permission.
Section 31-2-83 Laws applicable to militia when in active service of state; jurisdiction and powers of courts-martial as to offenses thereunder; imposition of death penalty; imprisonment.
Section 31-2-84 Right of troops as to use of streets and highways.
Section 31-2-85 Compensation for injury, disability, and death.
Section 31-2-85.1 Medical expenses for members of National Guard or Alabama State Defense Force.
Section 31-2-86 Payment for damages caused by National Guard members acting in line of duty.
Section 31-2-87 Supervision and command of National Guard organizations jointly maintained with other states for training and instruction.
Section 31-2-88 Pay and subsistence for National Guard and Naval Militia in active military or naval service of state.
Section 31-2-89 Actions against members of military court, etc., as to sentences, warrants, etc.; actions against officers or enlisted men for acts performed in line of duty; defense of actions against present or former members of National Guard at state expense.
Section 31-2-90 Appointment of counsel to defend National Guard members in certain actions.
Section 31-2-91 Security for costs in certain actions against National Guard members to be given by plaintiff.
Section 31-2-92 Courts-martial for members of National Guard - Kinds, jurisdiction, powers, procedure, etc.; limitations on institution of courts-martial.
Section 31-2-93 Courts-martial for members of National Guard - Convening and powers of punishment of general courts-martial.
Section 31-2-94 Courts-martial for members of National Guard - Appointment and powers of punishment of special courts-martial.
Section 31-2-95 Courts-martial for members of National Guard - Convening and powers of punishment of summary courts-martial.
Section 31-2-96 Courts-martial for members of National Guard - Powers of presidents and summary court officers.
Section 31-2-97 Courts-martial for members of National Guard - Manual of courts-martial, etc., to govern proceedings.
Section 31-2-98 Courts-martial for members of National Guard - Evidence.
Section 31-2-99 Courts-martial for members of National Guard - Employment of court reporter.
Section 31-2-100 Courts-martial for members of National Guard - Subpoena of witnesses.
Section 31-2-101 Courts-martial for members of National Guard - Punishment of persons disrupting proceedings, etc.
Section 31-2-102 Courts-martial for members of National Guard - Payment of expenses.
Section 31-2-103 Courts-martial for members of National Guard - Review of findings and sentence by Governor; approval of Governor prerequisite to execution of sentence; presumption of jurisdiction and legality of proceedings.
Section 31-2-104 Courts-martial for members of National Guard - Persons authorized to execute processes and sentences.
Section 31-2-105 Courts-martial for members of National Guard - Delivery of certificate to sheriff for execution of sentence; disposition of fines.
Section 31-2-106 Courts-martial for members of National Guard - Compensation of civil officers for execution of process, etc.
Section 31-2-107 Courts of inquiry.
Section 31-2-108 Appropriations for operation, support, etc., of National Guard organizations; quarterly allowances to commanders.
Section 31-2-109 Ordering out of troops - Authority of Governor.
Section 31-2-110 Ordering out of troops - Restrictions.
Section 31-2-111 Ordering out of troops - Request to Governor by local officials.
Section 31-2-112 Ordering out of troops - Issuance of order by Governor; authority of local civil authorities to order out troops.
Section 31-2-113 Ordering out of troops - Commanding officers may require written instructions from civil authorities; compliance with instructions.
Section 31-2-114 Ordering out of troops - Reports to Governor when troops ordered by civil authorities.
Section 31-2-115 Dispersion of mob, etc. - Order to disperse.
Section 31-2-116 Dispersion of mob, etc. - Order to disperse - Failure to obey order.
Section 31-2-117 Dispersion of mob, etc. - Authority to act to disperse mob, etc.
Section 31-2-118 Right of National Guard members, etc., under indictment, etc., for injuries to persons or property incurred during performance of duties to change of venue of trial.
Section 31-2-119 Assault on National Guard members, etc., assembled for performance of duties.
Section 31-2-120 Protection of National Guard troops, etc., from assault, etc.
Section 31-2-121 Duty to disperse when shot fired, etc., at National Guard.
Section 31-2-123 Commanders of National Guard troops may prescribe boundaries around jails, public buildings, etc., from which public excluded.
Section 31-2-122 Regulation of passage and occupancy on streets, etc., during riot, etc.
Section 31-2-124 Commanders of National Guard troops may order closing of certain places and forbid sale of certain commodities.
Section 31-2-125 Unauthorized military organizations.
Section 31-2-126 Commanders may incarcerate and detain persons interfering with performance of troops; abatement of menaces to health or safety of command.
Section 31-2-127 Enforcement of attendance of officers and enlisted men called into active military service of state.
Section 31-2-128 Dropping allowance.
Section 31-2-129 Counties or municipalities may appropriate funds for military purposes for local National Guard and Naval Militia units.
Section 31-2-130 Counties or municipalities may sell, etc., real estate and buildings to local National Guard units for military purposes.
Section 31-2-131 Revolving fund.
Section 31-2-132 Regular military appropriations.
Section 31-2-133 Special appropriations for National Guard in active military service of state.
Section 31-2-134 National Guard Challenge Program.

Note the Alabama government website disclaimer:

While every effort was made to ensure the accuracy and completeness of the unannotated Code of Alabama 1975, on Alison, the unannotated code is not official, and the state agencies preparing this website and the Alabama Legislature are not responsible for any errors or omissions which may be in the code on the website. Only the currently published volumes and cumulative supplements of the Code of Alabama 1975, as published by West Group as Code Publisher and adopted and incorporated into the Code of Alabama 1975 by Act 2011-236 contain the official version of the Code of Alabama 1975.

http://alisondb.legislature.state.al.us/acas/coalogin.asp

Yep. How in the hell did “Gay Marriage” ever become an issue anyway? 10 years ago it was unimaginable.

Simplistic. Because I’m a simple man. If I can marry my boyfriend, then why can’t I marry my sister?

Or, why can’t I marry my mother? Brother? Your 6 y.o daughter? Your 6 y.o son?

The possibilities are endless......Common sense and a couple of thousand years of precedent should count for something.

some of us do have the guts.

But the Alabama National Guard could simply refuse to be federalized. County sheriffs could unite to declare the order null and void.

As you note, in the last sentence of your post, the single REASON we have the problems we face today:

An oligarchy, encouraged and EMPOWERED, over the will of the People, by the Executive branch....IE: We are, and have not been, a Republic, let alone a Constitutional one, for a great many year....

Maybe, but I prefer the older system where the “State Militia/National Guard” were accountable to the State Governors, not the US President, directly.

What "older system"? The President has had the power to take over the State Militia/ National Guard since 1789. Read the U.S. Constitution, Article I, section 8, clause 15, and Article II, section 2, clause 1. The first time a President used this power was when George Washington federalized the Pennsylvania Militia in 1794 to enforce the federal whiskey tax.

But the Alabama National Guard could simply refuse to be federalized.

...which would involve defying a direct order from their Commander-in-Chief. That has never happened, except when states seceded during the Civil War.

When President Eisenhower federalized the Arkansas National Guard to carry out a federal court's school desegregation order in 1957, he was afraid they wouldn't obey the order to be federalized, and he called up the 101st Airborne Division of the regular U.S. Army in case the Guard resisted, but the Guard followed federal orders.

“...except when states seceded during the Civil War.”

And?

Do you think this will lead to secession?

Personally, I don't.

It could. If not this, then something else will.

As mentioned in related threads, the first Supreme Court case which tested 10th Amendment-protected state power to regulate marriage in the context of the 14th Amendment’s Equal Protections Clause was Pace v. Alamama (Pace), 1883. The case concerned an interracial couple and was decided in the state’s favor.

The Pace opinion shows that while the Court acknowledged the better-known interpretation of the EPC from the point of view of law abiding citizens, the Court nonetheless properly ignored that aspect of the EPC since the states had never amended the Constitution to establish limits on the 10th Amendment-protected power of the states to regulate marriage.

But the Pace justices also borrowed language from a 14A-based federal Civil Rights Law to clarify the lesser-know criminal aspect of the EPC, indicating that it also protected criminals by providing the right to equal punishment for a given crime.

The counsel is undoubtedly correct in his view of the purpose of the clause of the amendment in question -- that it was to prevent hostile and discriminating state legislation against any person or class of persons. Equality of protection under the laws implies not only accessibility by each one, whatever his race, on the same terms with others to the courts of the country for the security of his person and property, but that in the administration of criminal justice, he shall not be subjected for the same offense to any greater or different punishment [emphasis added]. Such was the view of Congress in the reenactment of the Civil Rights Act of May 31, 1870, c. 114, after the adoption of the amendment. That act, after providing that all persons within the jurisdiction of the United States shall have the same right, in every state and territory, to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, declares, in sec. 16, that they shall be subject
”to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and none other, any law, statute, ordinance, regulation, or custom to the contrary notwithstanding.”
— Pace v. Alabama, 1883 .

But regardless that the Court decided Pace in the state’s favor, a later generation of justices essentially overturned Pace for questionable reasons imo, reasons which will be addressed shortly.

At this point, readers should beware that activist justices had infiltrated the Supreme Court by the late 19th century imo, the Court really going into a tailspin with anti-state sovereignty interpretations of the Constitution after socialist FDR had “nuked” the Court with activist justices by the early 1940s.

Getting back to the Court overturning Pace when it decided McLaughlin v. Florida (McLaughlin) against the state in 1964 (OUCH), the McLaughlin opinion shows that justices had decided that the Pace Court had interpreted the EPC too “narrowly” with respect to interracial marriage, and I agree in principle.

However, it turns out that the federal civil rights law that the Pace Court had borrowed the “narrow” language from to clarify the criminal aspect of the EPC was actually authored by John Bingham who also happened to be the main author of Section 1 of 14A where the EPC is found. So by saying that the language in Pace concerning the EPC was too narrow, McLaughlin justices were arguably wrongly ignoring the intentions of constitutional lawmakers, particularly since state power to regulate marriage has never been constitutionally limited as previously mentioned.

In fact, Bingham had clarified in the congressional record on several occasions that 14A did not take away state rights.

“The adoption of the proposed amendment will take from the States no rights (emphasis added) that belong to the States.” —John Bingham, Appendix to the Congressional Globe. (See bottom half of first column)
“No right (emphasis added) reserved by the Constitution to the States should be impaired…” —John Bingham, Appendix to the Congressional Globe. (See top half of 1st column)
“Do gentlemen say that by so legislating we would strike down the rights of the State? God forbid. I believe our dual system of government essential to our national existance.” —John Bingham, Appendix to the Congressional Globe. (See bottom half of third column)

Again, and noting that I am a product of the last half 20th century, I agree with the McLaughlin argument that EPC was interpreted too narrowly in Pace with respect to interracial marriage by today’s standards. But given that the language in Pace was actually borrowed from the pen of Bingham, the Court wrongly “fixed” what it perceived to be a constitutional problem by ignoring state sovereignty and politically amending the Constitution from the bench when it overturned the Pace decision imo.

As I’ve ranted elsewhere, the states are free to make 10th Amendment-protected laws which discriminate on the basis of issues which the states have never amended the Constitution to expressly protect. But we cannot allow institutionally indoctrinated activist justices to fix questionable laws which discriminate against constitutionally unchecked “rights” outside the framework of the Constitution.

In his day, Jackson opposed the nullifiers.

I think he’d lead an armed rebellion against Obama though. I would have voted for Adams/Clay but Jackson was a cool guy.

“This is all an effort to have gays declared a protected class and give them special “rights” not available to others.”

Exactly! Anyone who has any doubts about what is going on needs to think carefully and realize there are only two choices. Either our government is trying to turn morality and culture upside down or everything our ancestors believed was right was actually wrong. Personally I believe my ancestors were mortals, subject to error, but I DON’T believe they had EVERYTHING BASSACKWARDS! People who allow themselves to fall for the liberal garbage have simply given in to evil.

Finally, an official of a SOVEREIGN STATE (yes, the US CONSTITUTION codifies paralleled SOVEREIGNTY) has the stones to stand up to the FAGGOTS AND COMMUNISTS IN DC AND THE "FEDERAL JUDICIARY".

THE FEDERAL JUDICIARY TYRANTS (which by the way ARE NOT codified in the CONSTITUTION)are in for a Chavez like surprise the minute the hard RIGHT gets the power.

DEGENERATE FAGGOTS IN BLACK ROBES can still show up to their plush digs at the amazingly plentiful federal courthouses, but GOD willing the Right Wing will cancel their salaries, their staff, and their perks.

God rules. He may allow rebellious tyrants delude themselves for a little while. But the earth is His foot stool.

Enjoyed reading your comments.