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 ...
Ha! Took me a minute, but I got it. I’m a bit slow this time of the week! :)
Well stated. The timing seems to suck, but we don't always get to pick the circumstances or the time - sometimes our only choice is to fight or submit. And sometimes, in foresight, the timing was perfect - it just didn't seem like it at the time. And those times are when we need faith in the Almighty.
This is something that struck me with the case in Kentucky. If the supreme court issues an edict, its not some clerk’s job to manufacturer a new law...so why shouldn’t she follow the existing law? People seem all to willing to let the supremes legislate.
Congress passed anti bigamy laws. Read my link.
Wouldn’t that be wonderful?
I'm not seeing how this contradicts what I said.
They didn't have the ACLU and Liberal judges telling them they couldn't.
Exactly!
No State has to issue homo licences. A SCOTUS ruling is ONLY an “opinion”. It is NOT law. The legislative branch has to make it law and the executive branch has to sign it into law. Congress makes laws. Courts render opinions. Opinions are…well…opinions. Judges give their opinions of what they think the law says. A COURT DECISION IS NOT A LAW!! Do you understand that? Roe v Wade is NOT the law of the land. Roe v Wade was an OPINION handed down by judges. Judges and courts do not make laws, but rather merely render opinions. Opinions can change when judges change. The law cannot be changed by a “judge.†If that were the case, our “laws†would be as constantly changing as the “judges†are.
If “judges†ruled that sodomy was illegal in 1986, how did sodomy become “legal†today? Did the law change, or did the “opinions†of the “judges†change?
Marriage has always been a state issue, never a federal one. I’d like to see this work its way through the courts to decide that once and for all. And if at the end the Supreme Court rules against Alabama then the states should drop the whole marriage license thing altogether and let the feds issue them.
Marriage before God can only be recognized as such when it occurs between a natural man and woman, per commandment of Almighty God. This makes any ruling by the SCOTUS concerning such a Divine matter, well outside its earthly jurisdiction. Our wrongheaded government's glorification of what the Almighty considers an abomination threatens America's very survival.
Given that Kansas State doesn't have a law school, I'm pretty sure there aren't any top legal scholars there.
Sure. The Constitution is as elastic as they need it to be. Then you got them emanations from penumbras, if they can't find anything to stretch quite far enough.
Hey we're flyover country. Some law school in the state of Kansas. Close enough.
Could be Washburn or KU.
And better water than DC, obviously.
Roy Moore himself would be a good candidate.
God’s Blessings on him
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.