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 stateâs 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 Courtâs 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 ...
President Trump should appoint him to the US Supreme Court.
Gotta love Judge Moore.
At the very least states should not be issuing marriage licenses to anyone. Each state has a legal definition of whom can marry. If it states “one man one woman” (almost all) the SC only declared it null-and-void, leaving the state with no law. They all need to pass new laws defining marriage.
...so basically, we’ll need to have the discussion as to why two brothers can’t marry. If they can, then it would be “discriminatory” to not allow a brother/sister.
See where this goes? We MUST define what marriage is and decide why. The SC ruling doesn’t do this. If it means SOMETHING it must, therefore, be DISCRIMINATING against some configuration (polygamy, etc.). This process would expose the lie that it is about “two people that love each other”.
In order to object, do we need to show a single person who has been “injured” by the ruling? How does one show damage in the incidence where they are not “involved?”
I am serious in my question.
And how can the Feds intervene when there is no “law” to enforce? The courts made this whole thing up...what is there to enforce?
Ifthe US Supreme Court ruled for homsexual marriages, let the US Supreme Court issue the licenses. If they won’t, it’s an admission they have no jurisdiction.
Hopefully Ginsburg is so senile now that she forgets to retire and the next President Trump or Cruz appoints this man with a super majority in Congress.
So liberals state we have to follow their so called Federal law on marriage, but they ignore Federal immigration and drug laws whilst telling us we should follow so called Federal gun laws.
Feds take a hike. The beauty of this country is that we have states with their own laws. Meaning if one does not like MA or CA, NY then they can move to a state in the south or Midwest,.
He is not the kind of Judge Trump would choose. Trump wouldn’t support Kim Davis. He certainly won’t support Roy Moore. No, with Trump you will get socially liberal justices.
Trump essentially called Scalia a racist.
He came to speak at our church a few years back, before he re-ran for his office. Justice Moore is a good, Christian man.
Thank you for referencing that article amorphous. Please bear in mind that the following critique is directed at the article and not at you.
Regarding the Supreme Courts decision in Obergefell, quit picking on pro-gay activist justices !
Noting that Congress has always had the constitutional authority to remove bad-apple presidents and justices from office, please consider the following.
Just like corrupt federal lawmakers protect their voting records by letting lawless Obama get away with stealing legislative branch powers to make not only unpopular, but unconstitutional executive orders, lawmakers are likewise letting activist justices steal legislative powers to wrongly legislate the constitutionally fictitious rights like gay marriage from the bench imo.
And not only are federal lawmakers letting justices steal legislative powers, but they are letting justices breach the Founding States division of state and federal government powers by stealing unique, 10th Amendment-protected legislative powers to do so, unique state power to regulate marriage in this example.
Note that by protecting their voting records by letting the corrupt executive and judicial branches do their dirty work for them, corrupt lawmakers have a better chance of being reelected by low-information voters.
Remember in November !
When patriots elect Trump, or whatever conservative they elect as president, they also need to do this. They need to elect a new, state sovereignty-respecting Congress that will work within its constitutional Article I, Section 8-limited powers to support the new president, while prohibiting the corrupt executive and judicial branches, along with Constitution-ignoring federal bureaucrats, from stealing legislative branch powers.
Also consider that such a Congress would probably be willing to fire state sovereignty-ignoring activist justices.
Is Obama going to cry crocodile tears again?
I’m guessing by tomorrow, someone will have invoked “Fort Sumter” to get the Hussein Heads all riled up again about “The South” and symbols of racism and intolerance, etc. in defense of their Fraud god-king.
Is it an individual right if it takes two to exercise it?
Only Chief Justice Roy Moore, the governor (Governor Bentley-the business as usual GOPe) ran for the hills on this issue a year ago worried about big business not creating jobs in AL.
They can’t take the southern battle flag twice, what will they come for next?
This sounds like an “Executive Order”
Gee, I wonder where he got that idea.
I was just thinking today, that the Supreme Court has no authority to make law out of whole cloth. Good on Justice Roy Moore for recognizing their lack of standing to overrule Alabama on this.
Obergfel is totally unconstitutional. Every state who does not want gay marriage should just ignore the ruling.
God bless this judge and anyone who fights back against the tide of cultural decline, the destruction of our language and civilization, and the acceptance/celebration of perversion.
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