Posted on 01/06/2016 10:55:24 AM PST by amorphous
Chief Justice Roy Moore of the Alabama Supreme Court on Wednesday issued an order that the state’s probate judges, the only ones in the state who are allowed to issue marriage licenses, are to follow the state's Sanctity of Marriage Amendment and the state's Marriage Protection Act until the full state Supreme Court rules on the issue.
In other words, stop granting marriage licenses to same-sex duos, even though that was the intent of the U.S. Supreme Court’s Obergefell decision last summer.
"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," he said.
The move brings into sharp focus the divide between those who grant to the U.S. Supreme Court the decision-making authority for all issues in the country, and those who subscribe to the Constitution's concept of a limit on the federal government's authority.
Marriage nowhere is mentioned in the Constitution, which provides that all such topics shall be reserved to the states and their people.
The fight over marriage had developed in Alabama before the Obergefell decision in Washington. A federal judge had ordered the creation of same-sex "marriage," but the state Supreme Court put on the brakes, telling probate judges to follow the state constitution and law.
(Excerpt) Read more at wnd.com ...
"It cannot ... be taken to have settled the law of the United States," said the statement from the American Principles Project.
"We call on all federal and state officeholders: To refuse to accept Obergefell as binding precedent for all but the specific plaintiffs in that case. To recognize the authority of states to define marriage, and the right of federal and state officeholders to act in accordance with those definitions. To pledge full and mutual legal and political assistance to anyone who refuses to follow Obergefell for constitutionally protected reasons. To open forthwith a broad and honest conversation on the means by which Americans may constitutionally resist and overturn the judicial usurpations evidence in Obergefell."
Well at least one state forgot to chop off their sack.
I love Roy Moore. If the Republicans give me a candidate I cannot support, I am writing in Roy Moore for President.
WONDERFUL!!
The feds have NO CONSTITUTIONAL AUTHORITY to meddle with marriage. Marriage is an individual and state issue.
States: NULLIFY THE TYRANNY OF UNCONSTITUTIONAL FEDERAL ACTS AND DECISIONS.
Roy Moore’s order actually affirms both a prior decision by the State Supreme Court and Alabama State Law... it is not an ad hoc order, though is being portrayed in that manner by other media.
In other words, he is declaring that the existing law should be followed... as opposed to the actions of other courts or Obama, which have been creating law out of thin air.
May this sanity spread to many other states.
States’ rights. Again, and it’s the South.
Again.
Nah....the Gay Nazis will get their panties in a twist and start their crap all over again. Boycotts, threats, nasty Tweets, etc, etc.
Good for him. Every state should have done this. It is none of the FedGov's business how states recognize marriage.
Good on Roy Moore.
If the SCOTUS makes an unconstitutional decision, the states and the people are not obligated to obey it.
Note to self:
Research banjo prices and cost of shipping self’s knees to Alabama.
The fundamental definition being one man, one woman was federal for Utah. They had to ban polygamy as a condition to join the Union.
Let’s bring this issue and the 2nd amendment to a head. As our brethren in Oregon are doing re: government land grabs....we must stick together.
The fakir in the White Hut is attempting to destroy America by destroying the constitution. Time to double down.
Well, it’s about time someone asserted state sovereignty over this Federal tyranny. Our milquetoast Governor and panty-waist AG sure aren’t going to do so.
That’s why SCOTUS recast the issue as one of individual rights protected by the 14th amendment. It gets around the “marriage isn’t an enumerated federal power” issue.
That only works on legislatures and governors. Haven't you heard? The judiciary is above it all. What they say goes.
Come on down. There’s plenty of jobs, beautiful land for sale, and lovely Southern women.
It was the will of congress for a state which was courting the Union. That is a very different thing from asserting the Feds have a right to decide it. Without something to hang over Utah, they couldn't have made them comply.
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