AMEN. It sure isn't gonna be the GOP-e wussy US Congress.
Posted on 03/04/2015 6:54:44 AM PST by EternalVigilance
Montgomery, AL – In a historic ruling, the Supreme Court of Alabama in a 7-1 decision has affirmed natural marriage and ordered Alabama’s probate judges to immediately stop issuing illegal marriage licenses to same-sex couples. The ruling represents a significant shift of momentum in the same-sex marriage agenda, and is a direct challenge to the orders of U.S. District Court Judge Callie Granade, who in January purported to overturn Alabama’s marriage laws. The ruling of the Alabama Supreme Court offers the most forceful and clearly articulated rebuttal to date of the imaginative arguments for same-sex “marriage” employed by federal courts.
“The ruling by the Alabama Supreme Court is historic, and is one of the most researched and well reasoned opinions on marriage to be issued by any court in the country,” said Mat Staver, Founder and Chairman of Liberty Counsel.
The ruling grants in full Liberty Counsel’s emergency mandamus petition. In the petition and in a subsequent brief, Liberty Counsel demanded on behalf of its Alabama clients – Alabama Policy Institute (“API”) and Alabama Citizens Action Program (“ALCAP”) – that Alabama’s probate judges obey Alabama’s Constitution and laws. As a result of this ruling, Alabama’s probate judges must immediately cease issuing illegal same-sex marriage licenses.
Four probate judges answered Liberty Counsel’s petition, arguing that Alabama citizens have no right or interest in preserving natural marriage. The respondents also claimed that API and ALCAP have no standing, and that the Court has no jurisdiction over this case. But the Supreme Court soundly rejected those arguments, concluding that standing and jurisdiction were proper and citing a truckload of precedent. The Court said: “It could not be clearer that the public — the people of Alabama — have an interest in the respondents’ faithful compliance with Alabama’s marriage laws.” Reinforcing the point, the Court added, “It is beyond question that the duty to issue marriage licenses only in accordance with Alabama law is a duty owed to the public for its benefit. The failure to perform that duty damages the framework of law and institutions the people have chosen for themselves.”
The unlawful issuance of marriage licenses to same-sex couples by Alabama probate judges was the result of federal Judge Callie Granade’s January rulings, when she purported to determine that Alabama’s marriage laws violate the U.S. Constitution. Though she had no power to extend her ruling to the entire state, some activist probate judges across Alabama who were not subject to her ruling took it upon themselves to issue marriage licenses to same-sex couples, in clear violation of Alabama law.
Today’s Supreme Court ruling, however, not only restores the rule of law in Alabama, but also forcefully challenges and methodically dismantles the opinion of Judge Granade and other judges who have erroneously held that the U.S. Constitution requires states to redefine marriage:
[W]e find that the provisions of Alabama law contemplating the issuance of marriage licenses only to opposite-sex couples do not violate the United States Constitution . . . .
***
[W]hat [Judge Granade] has done is to declare an entirely new concept of “marriage” a fundamental right under the guise of the previously understood meaning of that institution. It is, plainly and simply, circular reasoning—it assumes the conclusion of the matter, i.e., that marriage as newly defined is a fundamental right, in the premise of the question without acknowledging that a change of terms has occurred.
On its way to affirming natural marriage, the Alabama Supreme Court made several key observations about the historical and societal underpinnings of the marriage institution:
“[M]arriage, as a union between one man and one woman, is the fundamental unit of society.” “[M]arriage has always been between members of the opposite sex. The obvious reason for this immutable characteristic is nature. Men and women complement each other biologically and socially.” “[O]ne legitimate interest behind the laws (among others) is recognizing and encouraging the ties between children and their biological parents.” “Government is concerned with public effects, not private wishes. The new definition of marriage centers on the private concerns of adults, while the traditional definition focuses on the benefits to society from the special relationship that exists between a man and a woman, i.e., the effects for care of children, the control of passions, the division of wealth in society, and so on.” “[I]f love was the sine qua non of marriage, then polygamy also would be constitutionally protected . . . .” “[W]hat ultimately is at issue is the entire edifice of family law . . . an edifice that has existed in some form since before the United States was even a country. . . . It is no small thing to wipe away this edifice with a wave of the judicial wand.”
“The legitimacy of the judiciary is undermined when a judge legislates from the bench or usurps the power reserved to the states regarding natural marriage,” said Staver. “This decision of the Alabama Supreme Court is very well reasoned, which is quite rare from today’s courts,” he added. “The decision not only affirms natural marriage but also restores the rule of law,” Staver concluded.
Alabama Supreme Court Chief Justice Roy Moore took no part in the Court’s decision.
Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.
+1
One thing the Constitution is very clear about is that a Federal Judge has no jurisdiction over a sovereign state. Only the Supreme Court so the Alabama Supreme Court has every right to reject that judge’s ruling.
Under the reasoning of the imbecile Granade, I would be able to marry my cat.
I would value your insight?
OK everyone, get to your seats with your hot dog and beverage of choice and watch the game begin. This should be one awesome spectacle boys......tonight, LIVE...... It’s the State of AL vs the unbeaten superpowerhouse the Feds. The Fed’s have been playing unbeatable ball lately but the upstart AL team has shown some real courage as of late.
Let’s kick back and see if Miracles still can happen.
Praise Jesus
Why is it so many people do not want to spend eternity with Jesus..
Answer I guess is that the whole world has been deceived.
Always floors me that people like Ruth G of the Supreme Court have no fear of God, not to mention every living breathing Democrat...lets not give Moderate Republicans a pass either.
This just in, and as we all knew, the backfield of
1) “Civil Rights Issue”, and 2) “Fairness” along with 3) “Equality for All”
are all healthy and will start for the game. This nearly unbeatable trio that Coach Obama and offensive Coord Holder have been employing has been destroying the competition the last 6 years. Mighty formidable and I just don’t see how AL can stop these 3.
The only real superpowerhouse is the laws of nature and nature’s God.
They’ve never lost, and never will.
Those who challenge them always lose in the end.
We will soon find out which Presidential candidates are really Christian. We know the current commander n Chief is NOT...if only someone would ask me, I am ready to give my answer.
true but in the meantime, lots of good people get destroyed.
Too bad we are not allowed to destroy them.
Among homosexuals, the respective rates are 4% of males and 8% for females. The sleep around crowd is the overwhelming majority here.
Secede? Ha ha ha. Our republican governor wants to raise taxes. Our pub speaker is under indictment and will likely do jail time. Hey I am grateful to live here and there are some fighters. But secede? Nothing close to that will happen down here. These are legal squabbles that will become irrelevant if the Supremes do a “roe v wade” on same sex marriage. If abortions are allowed in alabama so will same sex marriages. But at least someone is delaying the capitulation a while longer.
Absolutely.
Think about it. What does the “gam” in monogamy stand for? It’s connected to “gamete,” the ancient Greek word for wife. And which today means the genes, the physical process of passing along our genetic heritage.
Something that sodomy can’t accomplish, obviously.
Interesting it says Chief Justice Moore played no part in the ruling.
I have not read the entire ruliing but it seems seminal and substantial and certainly it sets up for a showdown with the US Supreme Court and especially that awful ranting opinion of Justice Kennedy.
But it is only one state. The ruling which appears quite well written can be used as a template by other states but the US Supreme Court will have the final say until the states assert Article V and amend the US Constitution.
And a marriage Amendment is not needed.
What is needed is a more broad amendment that restores state suffrage to Congress and includes an enabling clause to override the Supremacy Clause used by the Courts.
Here is an example of an amendment that the states can propose under Article V:
************************************************
AMENDMENT XXVIII
To redress the balance of powers between the federal government and the States and to restore effective suffrage of State Legislatures to Congress, the following amendment is proposed:
************************************************
Section 1.
A Senator in Congress shall be subject to recall by their respective state legislature or by voter referendum in their respective state.
Section 2.
Term limits for Senators in Congress shall be set by vote in their respective state legislatures but in no case shall be set less than twelve years or more than eighteen years.
Section 3.
Upon a majority vote in three-fifths of state legislatures, federal statutes and federal court decisions shall be overridden.
************************************************
I would strongly recommend the following must-see video be watched, consumed and studied:
https://www.youtube.com/watch?v=tdZuV8JnvvA
And I would strongly recommend you to urge your state senator and state representative, and the people that work for them, to view it.
STATES RIGHTS!!! Remember that little disagreement back in 1862 over States Rights? This is what this is. Each State of the Union has an absolute right to decide for itself what the citizens of that individual state wants for its citizens. If a state decides they all want to run around naked in the barn yard, then that is that state’s issue. If a state decides, as we did here in Alabama when EIGHTY-ONE PERCENT VOTED AGAINST HOMO MARRIAGES!!!! That is 81-19 vote. In a sporting event that is a rout. In an election, it is a massive landslide. Here, it was THIS State saying WE DO NOT WANT, NOR DO WE AGREE with homo marriage. If WA state, Oregon, Homoforniastan, NYHomoville, and all the other leftist commies states want a bunch of homo marriages, THAT is their problem. But, it is NOT A FEDERAL ISSUE!!!! The Feds do not issue marriage licenses in the states. The STATES DO!!!! We do not want homo marriages here. The stinking commies in Sodom on the Potomac have no right telling the citizens of individual states what they can and cannot do with issues of their state. I am proud of our state standing up to the tyrants in the Federal Courts and in the pigs in the US Congress and the Homo in the White House, telling states how to run our states. They can stick it in their ear. Judge Moore and the others who voted against the abomination against God should be proud. I am proud of them. I know the LORD God is proud of them also.
Sure wish we had such men in our state.
for later reading
This is a preemptive strike against SCOTUS. If it rules as expected, Alabama will ignore it. What’s not known is if Alabama will hold the line. Alabama, and any State that joins it, will receive stiff resistance. Alabama better have a plan for how it will respond to that resistance (e.g., no more legally recognized marriage, Article V Convention, etc.).
+1
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